Unión Europea
Derecho de autor y derechos conexos
5. Please describe the rights granted to performers, producers of phonograms (sound recordings) and broadcasting organisations under your legislation.
Part X of the Copyright Act 1999 provides for performers rights. Section 164 of the Act, performance means a dramatic performance, musical performance, a reading or recitation of a literary work or a performance of a variety act or any similar presentation. There are certain exception, namely, performance in the course of activities of educational establishments, a reading, recital of any items of news and information, performance of a sporting activity or a participation in a performance as a member of an audience. Accordingly, a performer has exclusive right to his/her performance. The performance shall be made, broadcasted live or communicated to the public, in whole or in part, with the performer's consent. The Act further makes provision for the infringement of the performer's right if the performance was used without specific consent for such use. This is subject to certain exceptions including the use of the performance for the purpose of criticism, reviews and news reporting. Also, the rights to performers is subject to the copying of the performance for a course of instructions, for educational establishments, for parliamentary and judicial proceedings and any acts done under statutory authority.