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University of Cambridge Home Intellectual Property and Copyright in the Digital Environment
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University of Cambridge > CARET > Intellectual Property and Copyright in the Digital Environment

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2.8.4 Performer's rights
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. 
Information current as at 12 September 2005.
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