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LSDefine

Simple English definitions for legal terms

performance right

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A quick definition of performance right:

Performance Right: This is when someone creates something like a song, play, or movie, and they have the right to decide who can perform it in public. This means that if someone wants to sing a song or show a movie to a big group of people, they need permission from the person who made it. This is called the performance right or public-performance right.

A more thorough explanation:

Performance right is a term used to describe the exclusive right of a copyright holder to publicly recite, play, act, show, or otherwise present their protected work. This includes any form of public presentation, whether it be in person or through technological means such as broadcasting on television.

It is important to note that any public performance of a copyrighted work requires authorization from the copyright owner or their representative, unless a statutory ephemeral-recording exemption applies.

  • A musician performing their own song at a concert
  • A theater company performing a play for an audience
  • A television network broadcasting a movie

These examples illustrate how the performance right applies to various forms of public presentation. In each case, the copyright holder has the exclusive right to allow or deny the public performance of their work. Without authorization, any public performance would be considered a violation of the performance right.

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