There is no definition of a ‘performer’ in the legislation, but there is a definition of what constitutes a ‘performance’ (s.180 (2) CDPA). The performance right is unique to that particular performance and it is a property right that can be dealt with in the same way as any other intellectual property rights it can be licensed or it can be assigned (transferred) to another party e.g. Subject to certain permitted acts such as fair dealing, a performer’s rights are infringed where a recording of a substantial part of a performance is made without consent (s.182 CDPA), where a copy of that recording is made without consent (s.182A CDPA) or where copies of that performance are issued to the public without consent (s.182B CDPA). If unpublished, performer’s rights last for 50 years. Performer’s rights last for 50 years from the end of the year of the performance, unless the recording of the performance, other than a sound recording, is released, in which case it is 50 years from the year of release. For sound recordings published within 50 years, a performer’s rights extend to 70 years from the year of the recording, or year of release. Performers have rights in their performance and any recording, film or broadcast of that performance. A ‘recording’ means a film, or sound recording, made directly from the live performance, a broadcast of the performance, or made from another recording of it. The performer is the first owner of the performance, not the employer. Part II of the CDPA also provides for performer’s rights which, although related to copyright, exist quite separately. Note that rights in materials created by visiting speakers are likely to be owned by the speaker or their employer, and the institution will need a licence to record and reuse them. A college or university might argue that recordings carried out by the lecturer ‘on behalf of’ the college or university are owned by the institution but, to avoid risk and uncertainty, the lecturer’s permission should be obtained to make further use of the recording. So, where a lecturer makes an audio recording of the lecture for his/her own purposes, the copyright in the sound recording will probably be owned by the lecturer, not the employer. Section 11(2) does not, however, apply to sound recordings. Any processing of personal data must be done in line with the Data Protection Act 2018 and General Data Protection Regulation. We will assume for the purposes of this paper, therefore, that copying is ‘substantial’.ĭata protection law is applicable where personal data is being processed, ie where a recording is being made of identifiable living individuals (including lecturers and students). Infringement may occur where a ‘substantial part’ of a work is copied without permission, usually in the form of a licence, from the copyright owner. What is a ‘substantial part’ is a qualitative judicial test that can be difficult to define or determine, and any institution relying on this test will be taking a risk. The relevant legislation for copyright is the Copyright, Designs and Patents Act 1988 (CDPA) which provides certain exclusive rights to copyright owners, including the right to copy, communicate, distribute, perform and adapt their works. A recording is also a copyright work in its own right. A variety of works are protected under copyright law, including: text, film, sound recordings, scripts, musical compositions, photographs, blogs, diagrams and still images. Copying carried out in order to make an accessible copyĬopyright will be relevant where lectures are being recorded.A recording-free zone might be set up to accommodate those who wish to opt-outĪll rights in the lecture content will need to be cleared before a recording takes place unless fair dealing applies for the purpose of: Processing must be fair and lawful: everyone attending should know that it is being recorded, why it's being recorded and who will have access to it. Data protection law will apply to all identifiable individuals (students and lecturers).
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