Public Performance and Display Rights: What Creators Need to Know
Imagine this: You’re at a trendy café, sipping your latte, and suddenly you hear your song—the one you poured your heart and soul into—playing over the speakers. At first, you feel a rush of pride. But then it hits you: Did they ask for permission? Are they paying you for this? Public use of your work can be tricky, and if you’re not careful, your creations could end up being enjoyed (and profited from) without you seeing a dime. Let’s talk about how to make sure you stay protected and prosperous when your work steps into the spotlight.
The Spotlight Comes With Rules
Public performance and display rights aren’t just for musicians or filmmakers—they’re for anyone who creates something that might end up in front of an audience. That includes writers, artists, and even those crafting breathtaking virtual spaces in the metaverse. When your work is used in a public setting, whether it’s a local art gallery or a bustling concert hall, certain rules apply. And here’s the kicker: those rules are meant to benefit you.
Let me explain. When your work is performed or displayed publicly, you have the exclusive right to decide how and when it happens. But—and this is a big but—if you don’t actively manage those rights, you risk losing control.
Licensing: Your Golden Ticket
If someone wants to use your work publicly, they need a license. Think of it like renting out your talent. Licensing can be as simple as allowing a school to perform your play or as complex as signing off on a national ad campaign. But every license needs to spell out the details: how, where, and for how long your work can be used.
For example:
Musicians and Composers: Public performance licenses are your bread and butter. Organizations like ASCAP and BMI help ensure you’re paid when your music is played publicly—whether it’s at a concert or streamed in a restaurant.
Visual Artists: If your art is displayed in a public space, like a museum or corporate building, you can negotiate display fees.
Writers: Think readings, theatrical adaptations, or digital works being showcased at virtual events.
What happens if someone skips the licensing process? Well, that’s where things get murky—and sometimes expensive (for them).
The Public Domain Isn’t a Free-for-All
Here’s where people often get confused. Just because a work feels like it’s everywhere doesn’t mean it’s up for grabs. Understanding the difference between licensed works and public domain works is crucial.
A public domain work is free for anyone to use—no permissions needed, no strings attached. But your new song, novel, or sculpture? That’s not public domain. And trust me, you don’t want people lumping your hard work into that category without your say-so. It’s like leaving your front door wide open and wondering why the neighbors are borrowing your furniture.
Contracts: The Unsung Heroes of Public Performance
Ever heard the saying, “If it’s not in writing, it doesn’t exist”? Contracts are your safety net. They’re the documents that say, “Here’s what you can (and can’t) do with my work.” And when it comes to public performances or displays, your contract should be crystal clear.
Some key provisions to include:
Scope of Use: What exactly are they allowed to do? Play your song at a single event or use it in an ad campaign?
Duration: How long can they use your work? One night? One year? Forever? (Careful with that last one.)
Royalties or Fees: How will you get paid? A flat fee, a percentage of ticket sales, or something else entirely?
Credit: Will your name appear alongside your work? This might seem minor, but proper attribution can significantly boost your reputation.
And don’t forget to revisit contracts regularly. Situations change, and so should your agreements.
Spotting (and Stopping) Unauthorized Use
Now, let’s talk about the not-so-fun part: what happens when someone uses your work without permission. It might feel flattering at first, but unauthorized use is theft—plain and simple. And yes, it happens more often than you’d think.
So, what can you do about it?
Keep an Eye Out: Regularly monitor spaces where your work might be used. This could be as simple as Googling your name or setting up alerts for your creations.
Get Help When Needed: If someone’s profiting from your work without your consent, a good lawyer (or mediator, if you’re aiming for a peaceful resolution) can help you claim what’s yours.
Educate Your Audience: Sometimes people genuinely don’t know they’re breaking the rules. A polite but firm notice can often resolve the issue.
But What If I Want My Work Everywhere?
Great question. Some creators choose to make their work more accessible, allowing public use under certain conditions. That’s where tools like Creative Commons licenses come in. These licenses let you share your work on your terms—free for educational use, for example, but not for commercial profit. It’s all about balancing visibility and value.
Wrapping It Up (With a Bow)
Protecting your public performance and display rights isn’t just about safeguarding your wallet—it’s about respecting the blood, sweat, and tears that went into your creations. Whether you’re a writer, a musician, an artist, or someone designing the next big virtual venue, these rights are your armor and your opportunity.
So next time you hear your song playing or see your art on a gallery wall, you’ll know it’s there because of you—and because you handled your rights like the pro you are. And isn’t that exactly how it should be?
Mitch Jackson | links