Public Performance & Copyright Law
Copyright laws are designed to protect the creator or owner of a given work from exploitation by outside parties. In most cases, copyrighted material cannot be used for profit without a specific agreement from the copyright owners. Public performance plays a central role in the interpretation of copyright law, whether it be for movies, song performances or public recitation of literary works.
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Definition of Public Performance
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Federal law defines "public performance" as any performance in a public venue -- such as a park, sidewalk, public street or place of business -- or "a place where a substantial number of persons outside of a normal circle of a family and its social acquaintances are gathered." It also applies if the work is made accessible to the public electronically through radio, television or the Internet.
Licensing
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A performer must obtain a license from the copyright owners to publicly perform a copyrighted work. This may entail payment of part of the proceeds from the performance, or an up-front fee. In some instances, a copyright holder may license an organization or location to exhibit its works. For instance, a copyright holder may grant a museum the right to exhibit some of their films, or a record store to play copyrighted songs as a means of promoting sales.
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Exceptions
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Certain exceptions exist to copyright laws that may allow people to perform the pieces publicly. The most pertinent instance is when the piece belongs in the common domain, which means that it exists as part of the public cultures, and anyone can use it as they wish. For most of the 20th century, common domain lasted 75 years after the first publication. The Sonny Bono Copyright Term Extension Act (CTEA) of 1998 extended the length of copyrights in the United States from 75 years to 95 years, an addition of 20 years. Under this law, no new works will pass into the common domain until 2019 (20 years after the law first passed). Public performances may also fall under the "fair use" clause, which can include nonprofit performances and performances intended as a comment or criticism of a given work.
Consequences
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A public performer who infringes upon copyright can be sued for damages by the copyright holder. Penalties can include fines (including attorney fees and court costs), an injunction to stop the performance, and seizure of the work in question. Jail time is an option in the most egregious cases.
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References
- Photo Credit backstage microphone image by Roman Barelko from Fotolia.com
