Legal Definitions - performance right

The performance right is an exclusive legal entitlement held by the owner of a copyrighted work. It grants them the sole authority to control when and how their work is presented to the public.

This right covers any public presentation of the work, whether it involves a live act, a recitation, a musical rendition, a visual display, or a broadcast through technological means. Unless a specific legal exception applies, anyone wishing to publicly perform a copyrighted work must obtain permission from the copyright owner or their authorized representative.

• Example 1: Live Musical Performance

  A local band is booked to play at a public street fair. During their set, they decide to perform a cover version of a popular song that is protected by copyright. To legally perform this song in public, the street fair organizers (or the band, depending on the licensing agreement) would typically need to obtain a license from the copyright holder or a performing rights organization (like ASCAP or BMI) that represents the copyright holder. This illustrates the performance right because the song is being "played" publicly, requiring authorization.

• Example 2: Theatrical Production

  A community theater group plans to stage a well-known play for their annual season, selling tickets to the public. Since the script and dramatic elements of the play are copyrighted, the theater group must secure a performance license from the play's author or their publisher before they can open the production. This demonstrates the performance right as the copyrighted work is being "acted" and "shown" publicly to an audience.

• Example 3: Digital Content Streaming

  An online streaming service offers a subscription package that includes access to a vast library of films and television shows. When a subscriber selects a copyrighted movie to watch, the streaming service is exercising the performance right by "showing" or "rendering" that protected work to the public (its subscribers) via technological means. The streaming service must have obtained the necessary licenses from the film's copyright holders to legally offer these public performances.