Guidance Notes for Scenario 2.

Identifying rights in public

performance

This resource was created by Loughborough University and released as an open educational resource for
University College Falmouth through the Intellectual Property Rights For Educational Environments (IPR4EE)
project. The IPR4EE project is funded by HEFCE and part of the JISC/HE Academy UKOER Phase II
programme. © 2011 Loughborough University

This work is licensed under a Creative Commons Attribution 3.0 Licence . When repurposing
this resource please acknowledge the IPR4EE project.

Keywords:
Dance, copyright, performance, choreography, music, recording students, teaching,
learning,

Key questions:
• What rights might be associated with a dance performance?

• What copyright risks might arise?

• How would this differ if you were a chemistry lecturer recording an experiment
with students that was filmed and shown?

• How might these rights differ for other subject areas with particular
approaches to learning and teaching?
Scenario 1: Issues to Consider.
This scenario contains a number of related issues that need to be considered.
Awareness of these issues is key and the scenario is designed to raise some of the
questions that need to be addressed.
Here are some of the issues and questions that need to be considered when putting
on such a performance:

Who owns the copyright in the material you want to show?

Are there different rights that might apply to the different people involved?

Moral rights- your own or owned by institution?

- Performance rights?
- Choreography rights?
- Paternity right?

Moral rights- students own or owned by the institution?

- Do they have any?
- Performance rights?
- What does your institution say?
- Have you obtained their permission/ consent?
- What if they made a contribution to the choreography?

Music used-
- Permission to play?
- Permission to choreograph to?
- Artist’s permission?
- Musician’s permissions?
- Sound recorders, lyricist’s, arranger’s, producer’s?
- Label permission?

Videographer-
- Who produced the recording you want to play?
- Who actually recorded/filmed it?
- Institutional vs. 3rd party ownership?
- Payment?
- Permission?
- Editor?
- Director?
- Producer?
- Scriptwriter/ storyboard writer?
Who would this be different if it was a subject outside of the Arts, using an
experiment instead of a dance performance?
- Moral rights?
- Are you performing?
- Student contribution?

These issues will differ from institution to institution- again awareness of your own
institution’s position and the wider perspective is important as the variations can
cause major differences.

For additional guidance see:

More information is available from the Intellectual Property Office:

Copyright & music

http://www.ipo.gov.uk/types/copy/c-applies/c-music.htm

Sound recording
http://www.ipo.gov.uk/types/copy/c-applies/c-music/c-music-soundrec.htm

Performers’ rights
http://www.ipo.gov.uk/types/copy/c-otherprotect/c-performer.htm

Moral rights
http://www.ipo.gov.uk/types/copy/c-otherprotect/c-moralrights.htm

http://www.rad.org.uk/article.asp?id=183