Performers rights

Law grants performers rights and the aim is not to give them any privileges, but protect performers’ rights. Law protects not only famous music groups, popular singers, world – wide known conductors or soloists, but protection is given also to a musician, who plays kettle drum and during a performance probably only just once touches the instrument. According to the law – Latvian Copyright Law, each performer receives protection and remuneration for use of his/her performance. Performers rights are in force 70 years after first fixation of performance, publishing of performance.

Performer has two kinds of rights – personal and economic

Personal rights - rights to require that he or she be identified as a performer (except in cases when such right is not possible due to the type of use of the performance), taking into accordance his/her individuality, personality, talent of interpretation and ability to act.

Performer has right to object to any distortion, modification or other transformation of his or her performance, which may harm the reputation of the performer.

Economic rights - with respect to their performance, performers shall have exclusive rights to:

1) broadcasting or communicating to the public the performance, except in cases when the performance has already been broadcast;

2) fixation of a performance that has not been previously fixed;

3) distribution of the fixation of a performance;

4) broadcasting or retransmission by cable of the fixation of a performance;

5) making available to the public of the fixation of a performance, by wire or otherwise, in an individually selected location and at an individually selected time;

6) lease, rent or public lending of the fixation of a performance;

7) directly or indirectly, temporarily or permanently reproduce the fixation of a performance.

Performers and phonogram producers have the right to receive just remuneration for the use of phonograms published for commercial purposes. The use shall include broadcasting, communication to the public, public performance, the communicating to the public of broadcasts consisting of phonograms published for commercial purposes, retransmission by cable and other ways of communication to the public.

To obtain the right to use a musical work, it is necessary for the user of the musical work, for each type of use and each time it is to be used, to receive the permission of the right holder to the use of the musical work.