Singers and Musicians: Their Rights and Obligations under the Uzbek copyright law

The modern music industry is characterized by a high degree of commercialization of creative activity and the active use of digital technologies. In these conditions, the legal status of singers and musicians acquires particular significance.

Unlike authors of works (composers, lyricists), performers are protected within the framework of related rights. The legislation of the Republic of Uzbekistan defines their legal status, the scope of their powers, and protection mechanisms in the Law “On Copyright and Related Rights” dated July 20, 2006, No. ZRU-42.

The purpose of this study is to provide a systematic analysis of the rights and obligations of singers and musicians as subjects of related rights, as well as to identify problems of legal enforcement.

Under the legislation, a performer is recognized as an individual who sings, plays a musical instrument, or otherwise performs a work of literature or art.

Legal protection extends not to the work as such, but to the performer’s creative contribution to its artistic embodiment. Thus, the object of related rights is the performance itself, as a result of the interpretation of a work.

The legal status of the performer is characterized by the following features:

1. Rights arise by virtue of the fact of performance;
2. Independence from registration;
3. Connection with copyright (the need to respect the rights of the author of the work);
4. A combination of moral and economic rights.

Moral Rights of Singers and Musicians

The performer’s moral rights are absolute in nature and are aimed at protecting his or her professional reputation.

1. Right to a name. A performer has the right to require that his or her name be indicated in any use of the recording of the performance — when releasing a phonogram, broadcasting it, or placing it on the Internet. The right to a name ensures the identification of the performer and serves as a tool for protection against misappropriation of the performance by third parties.

2. Right to protect the performance from distortion. It is prohibited to make changes to the recording of a performance without the performer’s consent if such changes may damage his or her honor, dignity, or business reputation.

This right is especially relevant in the digital environment, where the following are possible:

• editing or montage-based alteration of a recording;
• use of fragments out of context;
• AI-based voice modeling.

3. Right of disclosure. The performer has the right to determine the time and manner in which the performance is made available to the public. Moral rights:

• are not subject to alienation;
• remain in force regardless of the transfer of economic rights;
• are protected indefinitely in terms of the protection of the performer’s name and reputation.

Economic Rights of Performers.

Economic rights are exclusive in nature and imply the right to authorize or prohibit the use of a performance.

1. Right to record a performance. Any fixation of a live performance requires the performer’s consent.

2. Right of reproduction. Copying a phonogram is permitted only with the performer’s consent.

3. Right of distribution. The performer has the right to control the sale, import, and other introduction of copies of the recording into civil circulation.

4. Right of making available to the public. Placing a recording on the Internet (streaming services, social media, digital platforms) is possible only with the consent of the right holder.

5. Right to broadcasting and rebroadcasting. Radio and television broadcasting of a performance, as well as its retransmission, are subject to authorization.

6. Right to remuneration. Even when transferring part of the rights to a producer, the performer retains the right to remuneration for:

• public performance of the phonogram;
• broadcasting on air;
• use in public places;
• digital distribution.

The exercise of this right is often carried out through collective management organizations.

Contractual Obligations of Singers and Musicians

The practice of the music industry presupposes the broad use of contractual structures.

1. Producer agreement. It may provide for:

• transfer of exclusive rights;
• exclusivity conditions;
• obligations to participate in promotional events;
• allocation of income.

2. Licensing agreements. These define the methods of use of the performance, the territory, and the term.

3. Obligations of the performer. Singers and musicians are obliged to:

1. Respect the copyright of the composer and lyricist;
2. Fulfill contractual obligations;
3. Guarantee the absence of infringement of third-party rights;
4. Comply with confidentiality conditions and reputational requirements.

Breach of obligations may entail termination of the contract, recovery of damages, or payment of penalties.

Liability of Performers. A performer may incur:

• civil liability (compensation for damages);
• administrative liability;
• criminal liability where major damage has been caused.

Problems of Legal Regulation in the Digital Era. Digital transformation has intensified the risks of infringement of performers’ rights:

• illegal streaming;
• unauthorized remixes;
• use of the voice through artificial intelligence technologies;
• cross-border distribution of content.

The following are necessary:

• improvement of collective management mechanisms;
• digital identification of rights;
• strengthening the liability of online platforms;
• development of judicial practice.

Singers and musicians, as performers, possess a complex set of moral and economic rights that ensure protection of their creative contribution to a musical work.

Their legal status is formed at the intersection of copyright, related rights, and contractual regulation. In the digital economy, effective licensing mechanisms and collective management, as well as clear contractual allocation of rights between the performer and the producer, are becoming increasingly important.

Improving legislation and law enforcement practice in the field of related rights is a necessary condition for the sustainable development of the music industry in the Republic of Uzbekistan.

Comparative Characteristics of Participants of the Music Industry

Criterion	Singer/Musician (Performer)	Producer / Phonogram Producer	Author (Composer / Lyricist)
Legal nature of status	Subject of related rights	Subject of related rights (phonogram producer)	Subject of copyright
Object of protection	Performance of a work	Phonogram (sound recording)	Work (music, lyrics)
Basis for the emergence of rights	Fact of performance	Fact of organization and first recording	Fact of creation of the work
Need for registration	Not required	Not required	Not required
Moral rights	Right to a name; protection against distortion	Usually absent (as in the case of a legal entity)	Right of authorship; right to a name; right of integrity; right of disclosure
Exclusive economic rights	To authorize recording, reproduction, distribution, making available to the public	To authorize reproduction and distribution of the phonogram	To authorize reproduction, adaptation, translation, distribution, etc.
Right to remuneration	For public performance, broadcasting, streaming	From commercial use of the phonogram	For any method of use of the work
Term of protection	Usually 50 years from the performance/recording	Usually 50 years from publication of the phonogram	For the life of the author + 50 years (or another term under the law)
Transfer of rights	By contract (license, assignment)	By contract	By contract
Dependence on other subjects	Depends on the rights of the author	Depends on the rights of the author and performer	Independent in creation, but dependent in commercial use
Main obligations	Respect copyright; perform the contract	Pay remuneration; respect the rights of the performer and author	Guarantee the originality of the work
Typical contracts	Producer contract, license agreement	Contract with performer, distribution agreement	Author agreement, publishing agreement
Role in the musical product	Interprets the work	Organizes recording and commercialization	Creates the work

Conclusion

1. The author is the primary right holder. It is the author who creates the object of intellectual property. His or her rights are the broadest in scope and the longest in duration of protection.
2. The performer is a creative interpreter. A singer or musician makes an individual artistic contribution. His or her rights protect the interpretation, but not the composition itself.
3. The producer is the organizer and investor. The producer (phonogram producer) does not create the work, but organizes its recording and commercial promotion. His or her rights are economic in nature.