Performing, showing or playing copyright work in public
Written by Owen Ross on 03 February 2012« Return to Reading Room
Section 19(1) of the Copyright Designs and Patents Act 1988 ('the Act') restricts performance of a literary, dramatic or musical work in public. This restriction is known as a performance right.
Section 19(2) states that a performance includes the delivery, in the case of lectures, addresses, speeches and sermons; and any mode of visual or acoustic presentation of the relevant works, including presentation by means of a sound recording, film or broadcast of the work.
Section 19(3) of the Act restricts playing or showing a sound recording, film or broadcast in public. This is known as a playing or showing right.
For the purpose of performance family is not considered 'public'. In Sociedad General de Autores y Editores de EspaÃ±a (SGAE) v Rafael Hoteles SA, Case C-306/05, performances transmitted to hotel rooms were considered performing work to the public. The ECJ stated that a significant factor in deciding whether a work has been performed in public whether the person performing, showing or playing the work in public is making a profit.
Examples of performance playing or showing a work in public include:
Tribute bands performing in public without the consent of the original band.
Showing a film or playing a sound recording in a public place. (showing a film in public without consent would infringe (1) the playing/showing right in respect of the film; and (2) the performance right in respect of those works).
Making a recording of work available on a website.
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