Arizona Law Review, Vol. 29, No. 3 (1987), pp. 475-516. Copyright 1987 by Arizona Board of Regents and David E. Shipley. Reprinted with permission of the author and publisher.


This Article attempts to clarify the chaotic state of the law concerning performance rights. First, it briefly summarizes the history of this right and discusses some of the problems Congress sought to resolve when it passed the 1976 Act. Second, it outlines several of the Act's key provisions on the performance right. Finally, it discusses the recent decisions which have interpreted these provisions and analyzes their impact on the activities of commercial establishments. These decisions show that the pertinent sections of the 1976 Act provide reasonably clear guidelines outlining the ways in which copyrighted works can be publicly performed or exhibited without fear of infringement.