Moral Rights for Performers in the UK

The UK Patent Office has published its "Guidance on moral rights for performers" in connection with the Statutory Instrument that will come into force on February 1, 2006 and introduce moral rights for performers.

Although it is possible that Parliament may change some aspects, regulations are being introduced that will provide a legal basis for performers’ moral rights in the United Kingdom for the first time in a manner similar to the moral rights for authors that were introduced in the Copyright, Designs and Patents Act 1988. The Regulations provide for two rights for performers: the right to be identified as the performer in a performance (subject to asserting the right) and the right to object to modifications made to performances that are prejudicial to the performer’s reputation. The right to object to modifications arises automatically and covers the whole or any part of a performance. The right to be identified must be asserted in an instrument in writing signed by or on behalf of the performer and then any person is bound by the assertion once it has been brought to their notice. It applies to the whole or any significant part of a performance.

The background to these Regulations and rights can be found in the consultation document issued by the Patent Office.