Actors & Comedians
In this section you will find user-friendly information sheets and FAQs relevant for Actors & Comedians.
Related Info Sheets
Related FAQs
Can my performance be filmed without my permission?
If your performance comes into one of the categories of performances that are protected, your permission will usually be needed before your performance can be filmed.
The filmmaker may be able to film you without your consent if he or she can rely on an exception, such as reporting news or “criticism or review”. As a practical matter, however, this is generally only an issue where you are performing in the street or otherwise in public areas. In venues such as theatres and concert premises, entry to performances is often subject to restrictions on filming which override the ability of the filmmaker to rely on the exceptions in the Copyright Act. If you are concerned about people recording or filming your performance in such venues, talk to the operators of the event or the venue management.
Can I caricature a movie character or a famous person in my comedy routine?
This will depend on whether or not you are using a substantial part of a copyright work. If your caricaturisation involves performing a “substantial part” of a novel or a film, for example, you would need to consider the copyright issues. However, you may be able to rely on the defence of fair dealing for parody or satire, as discussed above.
Other areas of law, such as defamation, trade marks or trade practices law, may also apply to this situation.
Will I need permission if I reword someone else’s joke?
You will need permission if the joke you want to use is a literary work, or if you use a “substantial part” of a copyright work. Note that you may be using a “substantial part” if you follow the structure of the original work, even if you do not reproduce the actual words. You do not need permission, however, to create your own material using the same underlying idea.
Can I write a joke about a famous person?
If you are preparing a joke about a living person, you may need to consider areas of law other than copyright, such as defamation and trade practices.
Another comedian has stolen my joke. Can I stop him using it?
This will depend on the nature of your joke and how the other comedian has used your material.
If your joke has been recorded in some way and is substantial enough to be protected as a “literary work”, you may be able to rely on copyright law to stop the other comedian reproducing, performing or recording the joke. However, if the joke is not a “literary work” (for example, if it is a one-liner or pun), or if the other comedian is using the same idea but expressing it in his or her own way, your copyright is not infringed.
What are “residuals” and should I be getting them?
“Residuals” is the industry term for payments made to performers under contract with producers or as a result of industry agreements. Such agreements generally specify payments to performers at the time of their performance, and additional payments for later use of the recorded performance.
The right to receive these payments is not specified in the Copyright Act: rather, it arises from the recording and communication rights of performers, which give them the right to control certain uses of their performances, and therefore to negotiate the conditions on which they agree to be filmed or recorded or broadcast.
Residual payments are generally associated with television performances. They are unlikely to be affected by ownership rights that a performer may have in a sound recording.