Overview

This bill aims to improve the rights and financial compensation for musicians and other creators in the music industry. It focuses on enhancing transparency in how their work is used, enabling them to renegotiate unfair contracts, and giving them the right to reclaim their work after a certain period.

Description

The Copyright (Rights and Remuneration of Musicians, Etc.) Bill amends the Copyright, Designs and Patents Act 1988. Key changes include:

Performers' Rights:

• Equitable Remuneration: Performers retain the right to equitable remuneration when their "making available" rights (e.g., streaming) for a sound recording are transferred to a producer. This right cannot be easily waived.
• Transparency, Contract Adjustment, and Revocation: Performers gain the right to regular, detailed information on how their performances are used and the revenue generated. They can also seek adjustments to contracts if their initial payment is disproportionately low compared to later earnings. After 20 years, they can revoke (take back) transferred rights. These rights do not apply to performers under contracts of employment.

Composers and Songwriters' Rights:

• Transparency, Contract Adjustment, and Revocation: Similar to performers' rights, composers and songwriters gain access to regular information on exploitation of their work and revenues. They can request contract adjustments for unfairly low initial payments and revoke transferred rights after 20 years. These rights have exceptions for works of an incidental nature, works where the employer is the first owner and Crown or Parliamentary Copyright.

A Copyright Tribunal is established to handle disputes regarding remuneration and information access.

Government Spending

The bill doesn't directly specify government spending figures. The main financial impact will likely be on the music industry, with potentially increased payments to musicians and other creators. The cost of operating the Copyright Tribunal will also need to be considered.

Groups Affected

• Musicians and Performers: Potentially benefit from increased transparency, fairer contracts, and the possibility of reclaiming their rights after 20 years. Those under employment contracts are partially excluded from some provisions.
• Composers and Songwriters: Will benefit similarly to performers, with enhanced transparency and contract adjustment rights, as well as the ability to reclaim their work after 20 years. Exceptions apply as noted above.
• Record Labels and Music Producers: May face increased costs due to greater transparency requirements and potential payments to artists. They need to provide additional information and may face claims for additional remuneration.
• Streaming Services: Will be subject to greater transparency requirements and potential increased costs, depending on how the legislation is interpreted and implemented.
• Copyright Tribunal: Will require funding for operations and adjudication.

Powered by nyModel