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What is the performance right?

The performing right is the right of a performer or rightsholder to perform, present or otherwise make available to the public a performance or work. This is one of the core concepts in the field of copyright and related rights.

Here are some important aspects of the performing right:

  1. Public performance: The performance right comes into play when a creative work or performance is presented to an audience. This can happen in a variety of contexts, including concerts, theatre performances, film screenings, radio broadcasts, public events and more.

  2. Performers' rights: In the case of performers or artists, such as musicians, actors or dancers, the performing right relates to their performance in front of an audience. This means that artists have the right to decide where and how their performances take place and who can use them.

  3. Authors' rights: For works created by authors, such as writers or composers, the performance right covers the public display of the work. This may include the showing of films, the performance of musical works or the performance of plays.

  4. Licensing and remuneration: Persons or organisations who hold the performing right may grant licences to third parties to perform the performance or work in public. These licences may be subject to a fee as remuneration for the use of the performing right. These fees may be paid, for example, by concert organisers, cinema operators or broadcasters.

  5. International rules: The performing right is enshrined in international conventions and treaties, such as the Rome Convention and the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). These treaties guarantee the protection of related rights at a global level.

Overall, performing rights protect the interests of artists, authors and other rightsholders by giving them control over the public use of their performances and works and the opportunity to be fairly remunerated for the use of those works.
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