A Guide to International Copyright for Performers

Legal Q + A

Oct 7

Written By Graham Settleman

A Comprehensive Guide to International Copyright for Performers

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Performing arts, whether it's music, dance, or theatre, often involve international tours. To ensure your artistic work is protected and your rights are upheld in foreign countries, understanding international copyright laws is crucial. This article will provide a general overview of key considerations when performing abroad.

Understanding Copyright Protection

Copyright protection generally extends to the expression of an idea, rather than the idea itself. This means that your unique performance, including choreography, musical arrangements, or script, is protected. However, the specific scope and duration of copyright protection can vary significantly between countries.

International Copyright Treaties

Several international treaties govern copyright protection, including the Berne Convention for the Protection of Literary and Artistic Works and the Universal Copyright Convention. These treaties establish minimum standards for copyright protection and ensure that works created in one country are protected in others.

Local Copyright Laws

Even if your country is a signatory to international treaties, it's essential to research the specific copyright laws of the countries you plan to visit. These laws may have additional requirements or exceptions that could impact your performances.

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Factors to Consider

When navigating international copyright laws, consider the following factors:

Duration of Protection: Copyright protection can last for varying periods in different countries. Ensure that your performances are still protected during your tour.
Moral Rights: Some countries recognize moral rights, which give creators certain non-economic rights, such as the right to attribution and the right to object to derogatory treatment of their work.
Public Performance Rights: Public performance rights grant the copyright owner the exclusive right to authorise public performances of their work. These rights may be subject to compulsory licensing or other arrangements in certain countries.
Mechanical Reproduction Rights: If you create recordings of your performances, be aware of mechanical reproduction rights, which grant the copyright owner the exclusive right to authorise the reproduction of their work.
Import and Export Restrictions: Some countries may have restrictions on the import or export of copyrighted materials. Ensure that you comply with these regulations.

Practical Tips

Obtain Necessary Permits and Licences: Before performing abroad, obtain any required permits or licences from local authorities. This may include obtaining a work permit, visa, or performance licence.
Consult with a Local Attorney: If you have concerns about copyright protection in a particular country, consult with a local attorney who specialises in intellectual property law. They can provide tailored advice based on the specific laws and regulations in that jurisdiction.
Consider Copyright Registration: While copyright protection generally arises automatically, registering your work in the country where you are performing can provide additional benefits, such as enhanced evidence of ownership and potential remedies in case of infringement.
Be Mindful of Unauthorised Recordings: To prevent unauthorised recordings of your performances, consider implementing measures such as restricting access to backstage areas, prohibiting recording devices, and watermarking your performances.

By understanding international copyright laws and taking proactive steps to protect your rights, you can ensure that your artistic endeavours are safeguarded throughout your international performances.

Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.