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Recording Policy

Recording Policy


RECORDING POLICY FOR www.dartfordtownshipchoir.co.uk

Concerts may not be recorded for private or commercial use, unless specific permission is sought from and
approved by the Dartford Township Choir committee who will consult with the musical director before any
such permission is granted.  Any such permission will be subject to the appropriate charges and completion
of the relevant Declaration Form.  Private recordings must not be put to commercial use without the express
permission of the committee and musical director.

Definitions:
Concert – a public performance which concludes a series of workshops.
Recording - includes audio, video or audio/video recordings by any means.
Committee – the currently constituted committee of Dartford Township choir.
Musical Director – a person employed by Dartford Township Choir to lead a workshop series.
Commercial use – any sale, including for charity.

Background:
The Copyright, Designs and Patents Act (1988) added an important new dimension to UK copyright law:  
Performers' Rights.  These give a performer the right to control (and benefit from) the exploitation of his or
her performance.  Previously, artistes and musicians were forced to rely on various (and somewhat
insubstantial) criminal laws in order to prevent the illicit recording and unauthorised use of their performances.

Recording is defined as including a film or videotape, so a soundtrack can be considered as having the same
protection as a sound recording.

The individual rights granted to performers under the 1988 Act are: a reproduction right (the right to
authorise or prohibit the making of a copy of a recording of the whole or part of a performance); a
distribution right (the right to authorise or prohibit the issue of copies of such recordings to the public), and
a rental and lending right (the right to authorise or prohibit the rental or lending to the public of copies of
such recordings).  All these rights are property rights and may be assigned or dealt with as the performer
chooses.

Performers' Rights currently endure until the expiration of 50 years from the end of the year in which a
performance takes place, or if within that period a recording of the performance takes place, the rights
continue to subsist from the end of the year in which the recording is released (here meaning published;
played in public; broadcast, or included in a cable programme service).  

New legislation has, subject to certain exceptions, granted moral rights to qualifying Performers in respect
of their performance.  These comprise the right to be identified as the performer whenever a performance
takes place or is broadcast or released as a recording; and the right to object to derogatory treatment of
a performance.