Performers' protection

Contributed by Annette Rubinstein and Fitzroy Legal Service and current to 1 September 2005

Part XIA of the Act contains provisions protecting people who give live dramatic, musical, dance or circus performances, or live recitals of literary works, from the unauthorised recording (sound or film), broadcasting or electronic transmission of their performances.

The performance need not have an audience. It does not matter if the unauthorised recording or broadcast is made directly from the performance, or from an unauthorised recording of it.

Broadcasting an authorised recording of a live performance is not an infringement of performers’ protection (although it may infringe copyright in the recording). In other words, if you permit someone to record your performance, you cannot rely on performers’ protection to control the use they make of the recording. Commercial dealing with unauthorised recordings of live performances also infringes performers’ protection.

Performers’ protection normally lasts for 20 years from the end of the year in which the performance took place. However, performers can take action about unauthorised sound recordings of a live performance for 50 years from the end of the year in which the performance took place.

There are many circumstances where recording and re-broadcasting of broadcasts of live performances are permitted. Most mirror circumstances in which copying of copyright material is permitted (e.g. for educational purposes, criticism or review). You may also record broadcasts of live performances for private and domestic use without infringing performers’ protection (although you may infringe copyright in the subject matter of the performance, such as the music, and in the broadcast itself, by recording it).

The civil and criminal consequences of infringing performers’ protection are similar to those for infringement of copyright.