The performer's rights

Abstract

The performer is the crucial connecting factor linking the author to the public. The artistic merit of any creation depends on the quality of the output of the performer. Until the nineteenth century, performers were in complete control of their performances. The latter were transient, capable of being witnessed only by those individuals in the immediate vicinity at the time of the performance. Today, performances are no longer ephemeral. With the development of sound recordings, film and the Internet, among others, performances can be exploited in a thousand ways, most without the need of any authorisation from the performer's part. Legislation has been introduced at international, regional and local level in order to counter this new state of affairs and safeguard the creative and artistic talents of performers. The Maltese Copyright Act, promulgated in 2000 included locally, for the first time ever, a system of performers' rights. Such rights largely mirrored similar initiatives around the globe, but were also intended to fulfil Malta's international obligations under the TRIPS Agreement and satisfy Malta's impending duties as a member of the European Union. This thesis examines and analyses this particular branch of intellectual property, considered as a 'neighbouring' right to copyright. It studies the historical development and the fundamental objectives of performers' rights and examines whether the law creates a healthy balance between authors, performers, producers, broadcasting organisations and the public in general. Further, this thesis outlines the main rights enjoyed by the performers and questions their adequacy in the light of the present situation and possible future developments.