The concept of performing rights—the right of creators to be compensated when their work is publicly performed—has evolved over more than two centuries and plays a critical role in today’s global music industry.
Early Developments in France
While England is often credited with the earliest formal legal protections for copyright through the Statute of Anne (1710), it was France that first developed the concept of performing rights.
In 1777, French playwright Pierre-Augustin Caron de Beaumarchais, best known for The Marriage of Figaro, founded the Bureau de Législation Dramatique. This early collective aimed to secure a portion of box office revenue from theatres for playwrights. In 1829, this initiative formalised into the Société des Auteurs et Compositeurs Dramatiques (SACD), an organisation that still exists today and continues to protect the rights of dramatists and audiovisual creators.
In 1847, French lyricist and composer Ernest Bourget pushed the concept further. After noticing that cafés and music halls were profiting from live music without compensating the creators, he pursued legal action. His victory in court laid the groundwork for the world’s first music-specific performing rights organisation: the Société des Auteurs, Compositeurs et Éditeurs de Musique (SACEM), founded in 1851.
Expansion Across Europe and Beyond
The model established in France quickly inspired similar developments in other countries:
- Italy: In 1882, the Società Italiana degli Autori ed Editori (SIAE) was established.
- Germany: Composer Richard Strauss and others founded a German authors’ society in 1903, which eventually merged into GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte) in 1915.
- United Kingdom: The Performing Right Society (PRS) was formed in 1914 to manage performing rights in Britain and Ireland.
International Cooperation: The Berne Convention
The global framework for copyright was established with the signing of the Berne Convention for the Protection of Literary and Artistic Works on 9 September 1886. Spearheaded by Victor Hugo and other European creatives, the Convention introduced key principles that still apply today:
- Automatic protection (no registration required)
- National treatment (foreign creators enjoy the same rights as locals)
- Minimum standards for duration and scope of protection
The Convention is now administered by the World Intellectual Property Organisation (WIPO) and has been adopted by more than 180 countries, setting a unified global standard for copyright law and enforcement.
From Sheet Music to Streaming: The Expanding Scope of Copyright
Originally focused on regulating copying rights for printed works like books and maps, copyright law now covers nearly all forms of creative expression. This includes:
- Musical compositions and lyrics
- Sound recordings and audiovisual works
- Photographs and visual art
- Computer software
- Architectural designs
- Broadcast and digital streaming content
Today, performing rights societies like IMRO around the world play a vital role in ensuring creators are paid fairly whenever their music is performed, broadcast, or streamed—whether in a concert hall, on television, or via a global music platform.
A Legacy of Creativity and Fair Reward
From the cafés of 19th-century Paris to today’s digital music economy, the story of performing rights reflects the growing recognition of music as both art and intellectual property. Performing rights societies ensure that while music is shared with audiences worldwide, its creators are never forgotten.