Section VIII Assignment of Performing Rights
The performing right in dramatic pieces and musical compositions can only be transferred by a written assignment727 or by entry on the register.728 See decisions as to assignment of copyright;729 but note that as regards performing right the assignment, even if before publication or performance, must be in writing.730 The performing right will not pass by a mere conveyance of the copyright in a dramatic or musical work731 unless an entry shall be made of such assignment in the register expressing the intention of the parties that such right should pass.732 As in the case of copyright, there is no express enactment that assignment must be in writing; but it is inferred from the fact that a licence which is a smaller right cannot be given except by writing.733 The assignment does not require to be by deed,734 and if by written document it is valid without registration.735 Section 22 of 5 & 6 Vict. c. 45 appears at first sight to make registration necessary in every assignment of performing right, at least if the copyright is assigned with it; but this is not so. If in the written assignment there is a specific conveyance of the performing right,736 or if general words are used such as “all other the estate, right, title, and interest,” showing that something else than the copyright was intended to be conveyed, the performing right will pass without registration.737 Cotton, L. J., in considering this section, says:
“I incline to think that this enactment was not meant to control the operation of deeds of assignment, but only to regulate the effect of entries in the registry book.”738
In fact it was passed on account of Cumberland v. Planché,739 which decided that the assignee of the copyright took the performing right as well.
If the view is right that the statutory performing right vests immediately on production,740 there can be no question of assignment of common law rights.741
Performing rights can probably be partially assigned so as to make a grantee of provincial rights not only a licensee but an assignee, with full power to sue alone and re-assign.742