The following acts are restricted by copyright:
Section 19(1) of the Copyright Designs and Patents Act 1988 (‘the Act’) restricts performance of a literary, dramatic or musical work in public. This restriction is known as a performance right.
Section 19(2) states that a performance includes the delivery, in the case of lectures, addresses, speeches and sermons and any mode of visual or acoustic presentation of the relevant works, including presentation by means of a sound recording, film or broadcast of the work.
Section 19(3) of the Act restricts playing or showing a sound recording, film or broadcast in public. This is known as a playing or showing right.
For the purpose of performance family is not considered ‘public’. In Sociedad General de Autores y Editores de EspaÃÂ±a (SGAE) v Rafael Hoteles SA, Case C-306/05, performances transmitted to hotel rooms were considered performing work to the public. The ECJ stated that a significant factor in deciding whether a work has been performed in public whether the person performing, showing or playing the work in public is making a profit.
Examples of performance playing or showing a work in public include:
Tribute bands performing in public without the consent of the original band.
Showing a film or playing a sound recording in a public place. (showing a film in public without consent would infringe (1) the playing/showing right in respect of the film and (2) the performance right in respect of those works).
Making a recording of work available on a website.