New rules introduced November 1, 2013 will see recorded performers and musicians benefit from an extended length of copyright term for sound recordings and performers’ rights in sound recordings – increasing from 50 to 70 years.
The Copyright and Duration of Rights in Performances Regulations 2013 implement EU directive 2011/77/EU into UK law. Recorded performers and musicians will also benefit, after 50 years following publication of the sound recording, from some additional novel and innovative measures including:
a ‘session fund’ paying many performers (such as session musicians) 20% of revenues from sales of their recordings
a ‘clean slate’ provision, whereby a producer may not make deductions from payments to performers (such as advances of royalties) from publication of a recording
a ‘use it or lose it’ clause – which allows performers and musicians to claim back their performance rights in sound recordings if they are not being commercially exploited
The Minister for Intellectual Property, Lord Younger, said The new rules bring lasting benefits for our world class recording artists. These changes demonstrate the government’s ongoing commitment to, and support for, our creative industries – who are worth billions to our economy.
Artists who performed on sound recordings will benefit from this extension of copyright protection from 50 to 70 years. The changes should help ensure that musicians are rewarded for their creativity and hard work throughout their careers.
Jo Dipple, Chief Executive, UK Music said UK Music welcomes today’s announcement on extending the term of copyright for sound recordings. We are pleased that the government is implementing changes that acknowledge the importance of copyright to performers and record companies. This change will mean creators can rightfully continue to make a living from their intellectual property and works.
The directive also harmonises the length of copyright term for co-written works. The directive was approved by EU member states in September 2011 and the UK government has implemented the directive on time.