Performers Rights. Sinfonia Viva shall acquire the right to use the recorded performances of musicians embodied in the recording/s as follows:
Performers Rights. 1. The rights of performers shall be recognized in accordance with the international treaties to which each Party is a party and in accordance with its legislation.
2. The term of protection of the rights of performers may not be less than fifty years, counted from the date on which the performance took place, or from the date of its fixation, as the case may be.
Performers Rights. XXX.5.1 If applicable, the Grantor hereby grants to the Company to the exclusion of all other persons (including the Grantor) the exclusive right:
(a) to make fixations of the performances or any part thereof;
(b) to broadcast live, include live in a cable programme service and/or make available to the public live, the performances or any part thereof; and
(c) to make fixations of the performances or any part thereof from a broadcast of, or cable programme including, the performances or from the performances that may have been made available to the public live, for any purposes that the Company shall in its absolute discretion think fit.
XXX.5.2 If applicable, the Grantor hereby grants and assigns to the Company absolutely:
(a) all its following rights in respect of the fixations of the performances:
(i) the right of reproduction;
(ii) the right of distribution and
(iii) the right of making available to the public; and
(b) to the extent permitted by the Copyright Ordinance and any other relevant laws, all the other rights of the Grantor that may arise from the performances.
XXX.5.3 In Clause XXX.5.2, the terms “right of reproduction”, “right of distribution” and “right of making available to the public” shall have the meanings assigned to them under sections 203, 204 and 205 of the Copyright Ordinance respectively.
Performers Rights. For any recordings made under Clause 2, ESO shall acquire the right to use the recorded performances of musicians embodied in the recording/s in the specific media stated above only, worldwide in perpetuity. Except in the case of option ‘c)’ where these rights will be granted to the Third-Party. Musicians will be deemed to have consented to ESO to allow copying of the recording, issuing of copies to the public, rental or lending to the public, and/or making available to the public. Except in the case of option ‘c)’ where these rights will be granted to the Third- Party. If further use is made of any such recording for sync or any backing track use, then the Musicians’ Union retains the right to negotiate and collect secondary payments from any production company or agency and subsequently distribute royalties to musicians as per the MU Royalties policy. Any dispute regarding further use or licensing of a recording will be referred to the Musicians’ Union. Musicians’ performing rights will not be assigned in any circumstance without prior written agreement with the Musicians’ Union.
Performers Rights. Performers have exclusive rights to: • Sound and video broadcasting or dissemination to the public of performances, except when a performance used in broadcasting or dissemination to the public was recorded; • Recording of their unrecorded performance; and • Reproduction of a performance recorded without their permission or of that made for purposes other than those for which performers gave permission or of that which falls under exceptions to infringement of performers’ rights.6 1 Copyright Act, ss 4 and 8. 2 Copyright Act, s 6. 3 Copyright Act, s 15. 4 Copyright Act, s 9. 5 Copyright Act, s 10. 6 Copyright Act, s 44. A performer will have the right to receive compensation provided that the performer is a resident or citizen of Thailand or a substantial portion of the per- formance occurred in Thailand or in a member country of an international convention on protection of performers’ rights of which Thailand also is mem- ber.1 Performers’ rights are protected for a term of 50 years from the last day of the calendar year of performance or recording of performance.2 An assignment of performers’ rights must be in writing, can be made either wholly or in part and, other than inheritance, if there is no period of time specified in the assignment contract, it will be deemed that an assignment is for a period of three years.3
Performers Rights. The Performer irrevocably consents, pursuant to Part III of the Copyright and Related Rights Act 2000 (as amended), to the audio and / or audio-visual recording of; (a) performances in which the Performer performs under this contract and, (b) subject to clause 4.2 below, audio and audio-visual recording of rehearsals and recordings of ‘behind the scenes’ activities recorded prior to the first performance of the Production (collectively the “Recordings”) and further consents the use of those Recordings by the Production Company in the manner indicated in Schedule 2 for the payments set out in Schedule 2. Recordings of rehearsals and ‘behind the scenes’ activities shall only take place subject to the following conditions; Prior notice must be given to the Performer that such recordings will be made on any specific day; Good faith consideration must be given by the Production Company to any concerns the Performer has about the making of any such recording; and Where such recordings are to be used for publicity and promotional purposes, the Performer has approved the content of the Recording in question (such approval not to be unreasonably withheld or delayed). The Performer consents to the making of still images from rehearsals and performances and the use of those still images for publicity and promotional purposes for the Production.
Performers Rights
