Copyright, Moral & Performers’ Rights

• Copyright owners of literary or musical works possess a set of exclusive rights that enable them to control how their works are used and disseminated.
• These rights encompass several critical areas, including but not limited to reproduction of the work, which allows the right holder to produce copies; public release, which involves making the work available to the public; public performance, which permits the work to be performed in front of an audience; communication to the public, which involves broadcasting the work; adaptation, which allows for the transformation of the work into different formats, such as turning a book into a movie; and arrangement, which permits the rearrangement or modification of the original composition.
• For sound recordings specifically, copyright holders are granted additional rights that allow them to make copies of the recordings, perform these recordings publicly, communicate them to the public through means such as broadcasting, and even rent out copies of the recording for public use.
• Any of these actions require explicit permission to be granted from the copyright owner or an authorized representative, such as organizations like APRA/AMCOS (Australian Performing Right Association/Australian Mechanical Copyright Owners Society), PPCA (Phonographic Performance Company of Australia), or CAL (Copyright Agency Limited). Without obtaining this necessary consent, individuals or entities may unknowingly infringe upon the copyright holder's rights.
• Infringement arises when these privileges are exercised without the appropriate permissions, leading to potential legal consequences for the infringer.

Moral Rights

• Moral rights serve to protect a creator's honor and reputation, ensuring that their name is associated with their creation and that the work is represented accurately, honoring the creator’s original vision.
• Only the original creator of the work holds these moral rights, emphasizing the personal nature of the creator's connection with their work.
• Importantly, moral rights cannot be licensed, transferred, or sold to another party, meaning they remain with the creator throughout their life and after their passing, thereby securing the creator's legacy.
• Moral rights endure for a period of 70 years following the creator’s death, providing ongoing protection for both the creator's reputation and the integrity of their work for generations.
• After the creator's death, a designated individual is responsible for administering these moral rights, ensuring that the creator's wishes continue to be respected and upheld.
• Moral rights come into existence automatically upon the creation of the work, meaning there is no need for formal registration or additional steps to establish these rights at the time of creation.
• Protection encompasses several vital aspects, including the right to be credited for one’s contributions, the ability to prevent false attribution of work, and the right to guard against derogatory treatment that could harm a person’s reputation or diminish the value of their work.

Performers’ Rights

• Performers enjoy a set of specific rights that are particularly important, even if they did not directly create the underlying work. These rights ensure that performers are recognized and respected in their field.
• Such rights cover a range of authorizations, including the power to approve or deny the recording or filming of their performance, as well as exercising control over how their performance is communicated to the public, enabling them to maintain their artistic integrity.
• In terms of copyright, performers may have potential ownership in the sound recordings or films that capture their performances, which underscores the importance of their role in the creative process.
• Furthermore, moral rights are applicable to performances, giving performers the ability to protect personal and reputational interests related to their work, such as the integrity of their performance.
• Ultimately, the decision regarding who may record or film their performance, and in what manner it is communicated to the audience, rests firmly in the hands of the performers, empowering them to control the representation of their artistry.