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Does the actor have the copyright of their perfomance?

 
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Halie0201
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Joined: 26 Dec 2015
Posts: 43

PostPosted: Sun Mar 26, 2017 9:13 pm    Post subject: Does the actor have the copyright of their perfomance? Reply with quote

Hello,

For a movie, TV series or a similar camera shooting work, who owns the copyright? The producer or director? If there is a no signed agreement, who will get the copyright of the movie? Does an actor or an actress own the copyright of their of performance? Or the copyright will automatically belong to the producer even without a copyright transferring document?
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AndyJ
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Joined: 29 Jan 2010
Posts: 1678

PostPosted: Mon Mar 27, 2017 8:36 am    Post subject: Reply with quote

Hi halie,

Here's what section 9 of the Copyright Designs and Patents Act says:
Quote:
9 Authorship of work.

(1) In this Part “author”, in relation to a work, means the person who creates it.

(2)That person shall be taken to be—
    (aa )in the case of a sound recording, the producer;

    (ab) in the case of a film, the producer and the principal director;

    (b) in the case of a broadcast, the person making the broadcast (see section 6(3)) or, in the case of a broadcast which relays another broadcast by reception and immediate re-transmission, the person making that other broadcast;
so I hope that answers the first part of your question.

For the second part, we need to turn to Part 2 of the same Act:
Quote:
180 Rights conferred on performers and persons having recording rights.

(1) Chapter 2 of this Part (economic rights)] confers rights—
    (a) on a performer, by requiring his consent to the exploitation of his performances (see sections 181 to 184), and

    (b) on a person having recording rights in relation to a performance, in relation to recordings made without his consent or that of the performer (see sections 185 to 188),
and creates offences in relation to dealing with or using illicit recordings and certain other related acts (see sections 198 and 201).

(1A) Rights are also conferred on a performer by the following provisions of Chapter 3 of this Part (moral rights)—
    (a) section 205C (right to be identified);

    (b section 205F (right to object to derogatory treatment of performance).
(2) In this Part "performance” means —
    (a) a dramatic performance (which includes dance and mime),

    (b) a musical performance,

    (c) a reading or recitation of a literary work, or

    (d) a performance of a variety act or any similar presentation,
which is, or so far as it is, a live performance given by one or more individuals;
and “recording”, in relation to a performance, means a film or sound recording—
    (a) made directly from the live performance,

    (b) made from a broadcast of the performance, or

    (c) made, directly or indirectly, from another recording of the performance.
(3) The rights conferred by this Part apply in relation to performances taking place before the commencement of this Part; but no act done before commencement, or in pursuance of arrangements made before commencement, shall be regarded as infringing those rights.

(4) The rights conferred by this Part are independent of—
    (a) any copyright in, or moral rights relating to, any work performed or any film or sound recording of, or broadcast of the performance, and

    (b) any other right or obligation arising otherwise than under this Part.

_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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