When a performer / performing artist (musician, actor, dancer, vaudeville or circus artist) takes part in the performance of a work, and if that performance is recorded and then broadcast or copied, the artist in question is entitled to a fee. In other words, the artist acquire a neighbouring right at the moment of the performance.

The law has introduced a number of criteria to determine whether your performance is regarded as the achievement of a performer. The work must be eligible for copyright and it must be performed through: 

• song
• recital
• declamation
• staging
• presentation
• dance or
• play.

Whichever way you perform the work, your contribution will be deemed to be an artistic performance once it meets any one of the above criteria.

Not all artistic performances qualify.

• The services of a sculptor for instance, even though undeniably artistic, are not eligible as they are not associated with the performance of a work but with its creation.
• Likewise, the services furnished by an artistic producer or a studio engineer are also disqualified because they are linked to the recording of the performance and do not form part of the performance itself.
• The services provided by additional artists (camera crew, extras, etc….) are not covered by the legal concept of “performance of a performing artist” either.
• Sport performances or informative services as provided by presenters or newsreaders are not protected by neighbouring rights either.