Under new rules brought in on the first of this month, recorded performers will benefit from an extended length of copyright term for sound recordings and performers’ rights in sound recordings.
The period of time copyright will last for recorded performers and musicians will increase from 50 to 70 years because the Copyright and Duration of Rights in Performances Regulations 2013 now implement an EU directive into UK Law, which also harmonises the length of copyright term for co-written works.
In addition, recorded performers and musicians will also benefit, after 50 years following publication of the sound recording, from some additional novel and innovative measures.
These include a ‘session fund’ paying many performers, such as session musicians, 20 per cent of revenues from sales of their recordings and there will also be 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.
In addition, there will be a ‘use it or lose it’ clause, which will allow musicians and performers to claim back their performance rights in sound recordings if they are not being commercially exploited.
Commenting on the new rules, the Minister for Intellectual Property, Lord Younger, said that they bring lasting benefits to the UK’s world-class recording artists and demonstrate the Government’s ongoing commitment to, and support for, the creative industries, which are worth billions to the economy.
Meanwhile, a spokeswoman for UK Music said that it welcomes the announcement on extending the term of copyright for sound recordings and is delighted that the Government is implementing changes that acknowledge the importance of copyright to performers and record companies.