Performer’s Rights and Moral Rights

Have you performed on a sound recording on or after 1 January 2005? You may have ‘performers’ rights’, which gives you an interest in the sound recording copyright.

Sanicki Lawyers is dedicated to safeguarding the creative rights of performers. Whether you’re a musician, actor, or conductor, your artistic contributions deserve protection and recognition. Performers’ rights, established under the Copyright Act (Cth) 1968, grant you ownership and therefore control over how your performances on recordings are used and exploited. On the other hand, if you’re an artist or band engaging session musicians to perform on your recordings, and it’s important to you that you solely own your masters, Sanicki Lawyers can assist by drafting sessions musician release agreements.

Your performances are more than just moments in time—they’re expressions of your talent and effort. Let us be your advocates in defending your creative legacy. Contact us today to protect what matters most: your rights as a performer.

As the creator of a copyright work, you are automatically afforded ‘Moral Rights’ under the Coyright Act (Cth) 1968. Even if you’ve sold, assigned or licensed your copyright, you may still be able to rely on your Moral Rights.

Moral Rights include:

• Right of Attribution: The creator of a copyright work has the right to be identified as the creator of their work, or to remain anonymous if they choose. This includes being credited for their work in any reproduction or distribution of the work.
• Right of Integrity: This protects a copyright creator from any distortion, mutilation, or other modification of their work that could harm their reputation. The work must not be used in a way that would be prejudicial to the creator’s honour or dignity.
• Right Against False Attribution: A creator is protected from having their work falsely attributed to someone else.

Our team is here to help you navigate complex issues, from unauthorised recordings to moral rights violations like false attribution or derogatory treatment of your work. We also assist with contract reviews to ensure your rights aren’t unfairly limited, empowering you to maintain ownership and integrity over your art.