Performance Rights, often part of Neighboring Rights, concern the rights of musicians, singers, actors, and dancers regarding their performances. Unlike the composer (who creates the song), the performer "brings it to life." When a recording is played publicly, the performer is entitled to royalties. In Georgia, this area is often overlooked, and many performers do not receive their due compensation from radio rotation, public music playback, or digital streaming.
Our legal services focus on protecting the financial and moral rights of performers:
- Performer Royalty Collection: Liaising with GCA and other Collective Management Organizations to ensure receipt of royalties for the public performance of recordings.
- Digital Performance Rights: Administering income from internet radios and streaming services (SoundExchange, Spotify).
- Session Musician Contracts: Agreements with backing musicians (backing vocalists, instrumentalists) regarding their rights and compensation (Buy-out vs Royalty).
- Name and Reputation Protection: The performer's right to claim credit when their performance is used and to protect the performance from distortion.
- Stopping Illegal Use: Taking legal action when a performance (recording or live concert) is distributed without the performer's permission (Bootlegging).
In practice, many bars, restaurants, and radio stations use music without a license. By law, they must pay a fee which is distributed among authors and performers. A lawyer helps the performer ensure that their songs are "tagged" in the system and money is distributed correctly. It is also common for a film to use a song but pay only the composer and not the singer, which is a violation of the law.
In Georgia, performer's rights are protected by the Law on Copyright and Related Rights. The law grants the performer the exclusive right to authorize or prohibit the recording, broadcasting, and distribution of their performance. The term of protection is 50 years from the date of performance. Internationally, the Rome Convention and the WPPT treaty protect the rights of Georgian performers abroad.
The process begins with an audit of the performer's discography. The lawyer determines where the music is playing and whether the performer is registered with the relevant organizations. Legal.ge offers professionals who will help ensure your voice and performance are valued not just with applause, but financially as well.
Your performance is unique. Protect your rights and receive your due income with Legal.ge specialists.
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