Related Copyright Rights are the rights that the law grants to artists (and performers), producers (of a movie or a song) and to broadcasters and they are regulated in the Portuguese Copyright and Related Rights Code (CDADC) with special relevance in Articles 176, 177 and 184 numbers 2 and 3.
Under Portuguese law there are some entities established and mandated to carry out the collection Related Copyright Rights (including the Passmúsica) in all public execution sites that use recorded music for commercial purposes as well as all for all the producers and broadcaster that use recorded music dispite of the medium used. The Passmusica licensing target spaces like nightclubs, transportation systems, hotels, tourist resorts, amusement parks, parking, banks, stadiums, street music, sites with recorded music and atmosphere, bars, cafes and more. Exceptions to this rule for the licensing obligation are those that take place in non-profit and private, in a family environment, as well as live performances. These performances though they require the authorization of the respective authors do not require the licensing of Passmusica.
Thus, a music festival or a sunset party with DJs that play their live creations fall into this second exception, given the provisions of Article 184 paragraph 3 of the Code of Copyright and Rights related, “When a phonogram or videogram commercially edited, or a reproduction thereof is used by any form of public communication, the user pay producers and performers equitable remuneration, which will be divided among them in equal parts, unless otherwise agreed. ” In these cases is only required the authorization of respective authors, which the organizers of the event or the producers already have by the nature contratual relation and the presence of the artists/performers on site.
Photo credits: Lechon Kirb in Unspash
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