Know your rights – April 2024
In the dynamic world of music creation and performance, it’s crucial to grasp the intricacies of rights management. Here’s a breakdown:
Author Rights: Authors and composers hold sway over their musical compositions and lyrics, entrusting Collective Management Organizations (CMOs) to navigate the realm of licensing for certain exploitations like private copy and cable retransmission for which collective management is mandatory. But also for other uses such as reproduction, streaming, and radio broadcasting, voluntary collective agreements come into play.
Publisher Partnerships: Authors often collaborate with publishers, tasking them with individual licensing responsibilities through sync deals, recording deals, and more. Publishers don’t acquire ‘author rights’ but serve as essential partners in the process and are as such also represented by the authors’ collective management organisations.
Neighbouring Rights (related rights): Performers and record producers receive ‘neighbouring rights’ on their recordings. With the aim of centralising the exploitation rights, performers will typically transfer their neighbouring rights to producers through royalty contracts, that offer performers a recurring remuneration, or by means of session contracts that offer performers a single buy-out fee for their recorded work.
Producers’ Role: Record labels, as producers, wield their own ‘neighbouring rights,’ complementing those acquired from performers. While record labels will license certain exploitations directly, collaboration with performers is key since obligations to engage collective management organizations is mandatory for certain exploitations such as broadcasting and public performance in shop, bars and restaurants.
Understanding these rights dynamics is pivotal for all stakeholders in the music industry, ensuring fair compensation and efficient management of creative works. Let’s keep the music playing harmoniously!
Music360 