Art is an integral part of human life. Musical and theatrical artworks are often known to the public through the transmission of performers. However, the performer is not the person who writes the content of the work, but only the person who expresses the work through different types of theater, by technique, and by the creativity of the individual performer. Where did the content of those performances come from, it is impossible not to mention the merits of the authors, who spent time and effort to create the works. So, what is the relationship between the performer and the author, before performing works, do the performers need to ask permission from the author? In the following article, we would like to detail this content.
1. The concept of performing arts and performers
Performing arts programs from traditional art forms such as rowing, canoeing, and reform, … to modernity such as music shows, variety shows, … are no strangers to us today. From a legal perspective, according to Clause 1, Clause 2, Article 2 of Decree 79/2012/ND-CP, performing arts is understood as follows:
“Performing arts is the performance of a performer’s public live show, repertoire, or performance;” and
“Performing arts include: Tuong, cheo, cai luong, circus, puppetry, bai choi, drama, folk drama, pantomime, musical, symphony, singing, dance, music, recitation of poems, comedy, variety show, and other performing arts.”
Regarding performers, the performer is the common name of actors, singers, musicians, dancers, and others who present literary and artistic works (According to Clause 1, Article 16 of the Law on Intellectual Property). Performers are one of the subjects subject to related rights protection under the provisions of law.
2. To perform works of art, do performers have to ask permission from the author?
The right to perform the work in public is one of the property rights of the author, specified at Point b, Clause 1, Article 20 of the Law on Intellectual Property. Accordingly, the author, the copyright owner is the holder of the right to “perform the work in public directly or indirectly through sound recordings, video recordings or any technical means at a location accessible to the public but the public cannot freely choose the time and part of the work“.
Since the author is the holder of the right to perform the work in public, individuals and organizations that want to perform the work must obtain permission from the author and pay royalties to the author to use the performance rights. The performance of the work without obtaining permission from the author, and without paying royalties to the author is an infringement of copyright under Article 28 of the Law on Intellectual Property.
However, there is one exception where the performer does not need to obtain permission nor pay royalties to the author. At Point g, Clause 1, Article 25 of the Law on Intellectual Property provides for exceptions that do not infringe copyrights stipulating that “Performance of theatrical, musical, dance and other forms of performing arts in cultural activities and propaganda activities, not for commercial purposes” for published works is not asking for permission, do not have to pay royalties but must have information about the author’s name and the origin and appearance of the work. For example, performing work at a collective meeting at a school, residential area, or company not for commercial purposes is allowed to perform without permission, however, they have to clearly inform the author’s name and the origin of the work.
For acts of infringing on the right to allow public performances, Article 13 of Decree 131/2013/ND-CP stipulates administrative sanctions as follows:
“Article 13. Infringement of the right to allow the work to be performed in public
1. A fine ranging from VND 5,000,000 to VND 10,000,000 for performing the work directly in public without the permission of the copyright owner as prescribed.
2. Fines ranging from VND 10,000,000 to VND 15,000,000 for performing works through sound programs, video recordings, or any technical means accessible to the public without the permission of the copyright owner as prescribed.
3. Remedies: Forcibly removing copies of audio or video recordings in violation of the acts specified in Clause 2 of this Article.”
The above is an administrative fine for individuals, if the organization commits a similar violation, the violating organization will be fined twice as much as the individual.
Above is the article “To perform works of art, do performers have to ask permission from the author? ” We hope this article is useful to you.
