A performer is given a set of rights and his or her consent
is required to exploit his or her
performance (being a dramatic or musical performance, reading or recitation of a literary work, or a
similar presentation).
A performer’s non-property rights, i.e. generally
not assignable or transmissible rights, are infringed
by a person who, without the performer’s consent and other than for private and domestic use:
(a)
makes a recording of the whole or any substantial part of a performance directly from the live
performance;
(b)
broadcasts live, or includes live in a cable programme service which includes the Internet, the
whole or any substantial part of a performance; or
(c)
makes a recording of the whole or any substantial part of a performance directly from a
broadcast of, or cable programme, including the live performance.
A performer’s property rights, i.e. assignable and
dealt with similarly as with copyright, are infringed
by a person who, without the performer’s consent, makes, other than for private and domestic use:
(a)
a copy of a recording of the whole or any substantial part of a performance (‘reproduction
right’); or
(b)
issues to the public copies of a recording of the whole, or any substantial part of the
performance (‘distribution right’).
Accordingly, a performer’s rights are infringed by
a person who, without the performer’s consent,
makes available to the public a recording of the whole or substantial part of the performance by
electronic transmission, which includes the Internet, in such a way that members of the public may
access the recording from a place and time chosen by them.
