If you perform on a recording, you have rights as the performer - even if you didn't write the song.
You have the right to
1. Consent to recordings
No one can record or distribute your performance without permission.
2. Be fairly paid
If a recording of your performance is sold or streamed – you may be entitled to royalties.
3. Control broadcast and reproduction
Your live performance can’t be used in ads, films or remixes without your approval.
If a festival live-streams your set without asking, they’re violating your performers’ rights.
How long do performers' rights last?
What's Protected
How Long
Example
Sound Recordings
An audio recording at a gig.
Audio Visual (video)
A video of your live show or video clip.
Communication / Broadcast
Your performance is played on tv, radio or online.
Used in a movie / TV show
Your recorded performance is used as background music in a movie.
Beyoncé & Performers' Rights in Australia
When Beyoncé performs live, others must have her permission to record, broadcast, or sell the performance.
In 2018, her Coachella show (in the US) was filmed and released as part of the documentary ‘Homecoming’—but only because Beyoncé had performer rights and approved its release.
If a festival recorded and sold her performance without permission, she could take legal action under Australia’s performers’ rights laws.
Paul McCartney & Performers' Rights in Australia
Paul McCartney no longer has performers' rights for any of the original Beatles sound recordings in Australia.
Those recordings are now over 50 years old, so his performers’ rights have expired.
But In 2024, a live version of "Let It Be" was recorded.
Here’s how long the performers’ rights last:
1. Video performers' rights (what you see) - last 20 years from the end of 2024 - until 2044.
2. Audio performers' rights (what you hear) - last 50 years from the end of 2024 - until 2074.
McCartney still owns songwriting copyright for the music and lyrics he wrote, which lasts 70 years after his death.
