Intellectual property refers to creations of the mind, such as inventions, designs, brands and symbols used in commerce. It is a form of property that encompasses intangible assets, distinguishing it from physical property like land or buildings. Examples of intellectual property include patents, trademarks and copyrights. The IP rights of performers are known as “neighbouring” rights, as they are closely associated with, but distinct from, the copyrights granted to the author of the artistic work that they perform. They include economic rights, allowing them to control and benefit from the use of their live or recorded performances, as well as moral rights, protecting the integrity of their performances and ensuring they are credited as the creators.

The economic intellectual property (IP) rights of performers can be traded and are typically licensed or transferred by contract to the entity producing the work, in exchange for a fee. In order for these contracts to result in significant revenue, collective bargaining is crucial. Indeed, only a few performers possess enough clout to negotiate fair terms of use and, consequently, receive adequate compensation for the use of their performances to which they have consented.