Changes to the Copyright Designs and Patents Act 1988
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16 August 2013
The changes coming into force this November:
- The term of protection for performers and sound recordings
shall be extended from 50 to 70 years. ?
- ‘Session funds’ for artists that allow for a performer that
has assigned his rights to a producer in exchange for a single payment
to receive an additional payment each year after the 50th year of the
term of protection. This means record companies will be obliged to pay
20% of their proceeds during the extended period into the session fund.
- A prohibition on producers from making any deductions from
additional royalties due to the performers during the extended period.
(“clean slate provision”). ?
- A provision that allows for the rights in a recording to
back to the performer if the record company fails to exploit the music
track during the extended period. (“use it or loose it” provision).
- A work of co-authorship has been re-defined as a musical
composition with words where the authors of the music and the lyrics
have collectively created a work. s10A. ?
- Copyright in a work of co-authorship will expire 70 years
after the death of the last surviving author. s12(8). ?
- An extension of the period of protection for a sound
recording that has been made available to the public from 50 to 70
years. s13A. ?
- An extension of the duration of a performers rights in a
released sound recording from 50 to 70 years.
- The rights under 191 HA and 191HB are transferable on the
death of a performer.
“use it or lose it”
- Where a performer has assigned the reproduction and
distribution rights in a sound recording to a producer, the performer
may serve notice to terminate such an assignment on the expiry of the
50 year period if the producer has failed to sell the sound recording
sufficiently or to make it available online.
- If at the end of the 12 month notice period the producer
exploit the recording, the agreement terminates, the producers
copyright in the sound recording expires and the right to terminate
cannot be waived by the performer.
Where copyright in a sound recording has expired due to the
by the performer of the rights conferred under the new s191HA, the
responsibility for payment of equitable remuneration should be
discharged bythe person who plays the sound recording or communicates
it to the public and not the producer.
S 191 HB
Where a performer has assigned the reproduction and related
rights to a producer in consideration for a one off payment,
the performer is entitled to receive a yearly payment at the end of the
50th year until the expiry of the copyright in the sound recording.
The producer or the exclusive licensee is obliged to pay to a
collecting society for distribution to the performer, 20% of the gross
revenue received for sales and downloads of the sound recording.
The proportion of the annual payment that will be received by
performer is not specified in the legislation, it is to be distributed
in line with rule of the collecting society.
There is also an option for the performer to obtain from the
exclusive licensee or producer in relation to ascertaining the amount
of the annual payment, disputes regarding the sum may also be referred
to the Copyright Tribunal by the performer.
The “clean slate provision”
If the performer is entitled to recurring payments subject to
assignment of rights, the producer is prohibited from deducting sums
from such payments during the extended period (providing there are no
provisions in the agreement allowing for such deductions.)
Written by Rehana Ali
About the Author
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of
Higher Court Advocates and we are the appointed Solicitors to the
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Article Published/Sorted/Amended on Scopulus 2013-09-05 09:10:38 in Legal Articles