ip primer - copyright with respect to performance

meaning of "copyright" with respect to performer's performance

according to the copyright act, in the case of a "performer's performance", "copyright" means the sole right to do or authorise another to do the following ") in relation to the performer's performance or any substantial part thereof:

[please note that special rules apply if the performance took place after january 1, 1996 in a country that is a world trade organisation member.]

(a) if the performance is not fixed,

(i) to communicate it to the public by telecommunication,

(ii) to perform it in public, where it is communicated to the public by telecommunication otherwise than by communication signal, and

(iii) to fix it in any material form,

(b) if the performance is fixed,

(i) to reproduce any fixation that was made without the performer's authorization,

(ii) where the performer authorized a fixation, to reproduce any reproduction of that fixation, if the reproduction being reproduced was made for a purpose other than that for which the performer's authorization was given, and

(iii) where a fixation was permitted, to reproduce any reproduction of that fixation, if the reproduction being reproduced was made for a purpose other than a permitted purpose, and

(c) to rent out a sound recording of the performance.