The government is to make changes to UK copyright law for foreign recording artists and labels.
The changes to the neighbouring rights framework follow a consultation on proposals to reform the rights for artists and labels when sound recordings are broadcast or played in public, such as when recorded music is played on the radio. You can read the background to the reforms in Music Week's coverage here.
UK law makes these rights available to many foreign nationals. The Intellectual Property Office (IPO) consultation in early 2024 explored different ways of providing these rights to foreign performers and producers to resolve current inconsistencies.
The IPO met with various stakeholder groups, including organisations that represent?music and broadcasting sector trade associations and collective management organisations.
The government’s chosen approach did not appear in the original consultation, the responses to which informed its ultimate decision.
Creators, performers and rights-holders raised concerns about reductions in overall recorded music licensing income for the UK music sector. They also highlighted the risks of users choosing to play less British music in favour of foreign music.
There will now be a limited change to how foreign performers qualify so more performers will enjoy the public performance right in UK law in the future. There will be no change to how foreign labels qualify for this right.
To implement this change, the government will introduce legislation in the coming days.
The direct costs to UK record labels are estimated to be around £1.4 million per year.
“This is unlikely to have any significant knock-on consequences on, for example, investment in new British music,” said the IPO.
An IPO Spokesperson said: “UK copyright law gives performers and copyright owners the right to be paid when their sound recordings are broadcast or played in public. However, we identified that some foreign performers who should qualify for these rights under international treaties on copyright did not enjoy them in UK law. To address this, the government is introducing legislation to make a limited expansion to the number of foreign performers eligible for this right. The IPO's consultation sought views from those who could be affected.
“Today's response to the consultation sets out a limited change that will have small practical impacts but will allow the UK to fulfil its commitments in the international treaties, and best balances the interests of performers, rights-holders, users, and the public. The change will come into effect on December 15.”
PHOTO: Getty/Whitemay
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