an introduction to copyright for music writers - vick bain (basca)
TRANSCRIPT
AN
INTRODUCTIO
N TO
COPYRIGHT F
OR
MUSIC
WRIT
ERS
OVERVIEW
“BASCA exists to support and protect the professional interests of
songwriters and composers of all genres of music and to celebrate and
encourage excellence in British music writing.”
MISSION STATEMENT
Campaign as a leading force in the domestic, European and international political arenas
Celebrate excellence through world-class awards ceremonies – the Ivor Novello Awards, the British Composer Awards and the Gold Badge Awards
Inform our members in a constantly changing environment through our publications, websites and seminars
Foster a sense of community amongst British songwriters, lyricists and composers and encourage the next generation of professional music writers
BASCA AIMS & OBJECTIVES
Our members include songwriters, composers, lyricists and writers of music for film, television,
advertising and computer games
Dizzy Rascal, Kate Bush CBE, Sir Elton John, Debbie Wiseman OBE
For BASCA it is our members
For our members it is their rights
WHAT IS OUR BUSINESS?
DEFINITION OF COPYRIGHT• A form of Intellectual Property• A right to
• Control your work• Authorise or prohibit people to do
things with your work: performing, reproducing, making available
• Economically exploit your work by assigning it or licensing it
Protects the form of expression of ideas but not the ideas themselves.
It builds a system where authors are rewarded for the creation of
original works.
DEFINITION OF COPYRIGHT, CONT’D
OWNERSHIP
The first owner of copyright is generally the author unless…
The work is created in the course of employment
A work created by more than one person if contributions from each author are not distinct from that of the other authors
Each joint author has the same rights as a sole authors
An author may sue any of his other joint authors who do any of the acts restricted by copyright without his consent
JOINT AUTHORSHIP
The music and lyrics
Duration of copyright:70 years after death
A RECORDING HAS TWO COPYRIGHTS...
The sound recording
Duration of copyright: 70 years
Performing Right
Mechanical Right
Print Right
Sync Right
Grand Rights
Moral rights
ADDITIONAL RIGHTS
Each time your work is broadcast, performed live or heard publicly
In the UK generally administered
by PRS for Music
PERFORMING RIGHT
Each time your work is transferred to a product which includes music (CDs or
internet downloads) or when it is synchronised with a film or TV broadcast
In the UK collected by the MCPS either via a publisher or self published
MECHANICAL RIGHT
In 1910 75% of all records sold were classical music and sheet music was kingComposers, songwriters and publishers relied on sheet music for their primary
income
PRINT RIGHT
Growing markets Negotiated directly One-off fee
SYNC RIGHTFor music time synchronised to film, TV shows, mobile ringtones or adverts
Work commissioned for use in a dramatic performance: the author (or publisher) hold the exclusive right to issue licences and collect fees each time a performance is made No collection society exists to manage this so authors or their publisher should negotiate these fees in advance
GRAND RIGHTS
Only for copyright in the musical work Duration is the same term as copyright (author’s life plus 70 years)
MORAL RIGHTS
Right of paternity Right to object to false attribution (20
years after the death of the author) Right of integrity
Right to object to derogatory treatment
Self-published v. Publishing deals
Support composer’s and songwriter’s creative process
Promote of their music
Manage commercial exploitation of their music
Protecting and enhancing the value of their works
The Music Publishers Association at http://www.mpaonline.org.uk/
PUBLISHERS & COMPOSERS
The music publishing revolution started in Tin Pan Alley in 1885 when a collection of music publishers set up shop in New York
In London it was in Denmark Street, Soho in the
1920s
EARNING A LIVING - PUBLISHINGMechanical techniques for printing music and bibles were first developed in mid-15th century
The Statute of Anne gave protection for 21 years
Traditionally the work is assigned (sold) forever
Currently limited periods are more common
7 – 25 years
80 / 20 or 70 / 30 splits are common
PUBLISHING DEALS
Protection of collective management and the exclusive assignment
Digital royalty campaign ‘The Day The Music Died’ Action against online theft Fairness of contracts Fair compensation for private copying
BASCA campaigns based on copyright
We submit responses to key consultations to ensure our voice is heard
We talk to Government, civil servants & relevant bodies We are a founding member of the industry umbrella
organisation UK Music We are a leading members of European composer
organisation ECSA We work with the PRS for Music on ‘Creator Voice’ project We send a quarterly public affairs newsletter to members,
politicians, journalists and opinion formers
Campaigning
Support the Police Intellectual Property Crime Unit Speak on panels organised by PIPCU Giving evidence to the CMS Select Committee 2013 Support Creative Content UK run by BPI, PRS, PPL & IPO Supporting the Creative Coalition Campaign Speak out against search engines facilitating file-sharing Educating the general public about the impact Reaching out to MPs and Government officials
ACTION AGAINST THEFT ONLINE
Protecting Collective Management Organisations run by members and publishers
Exclusive assignment – when a writer joins PRS for Music they assign their performing right exclusively to that society. BASCA believes this assignment of rights is the single most important protection for music writers
This collective provides the writer with transparency of accounting, equality of treatment and enhanced bargaining power
PROTECTION OF COLLECTIVE MANAGEMENT & EXCLUSIVE ASSIGNMENT
US Copyright Reversion information (gaining works back or negotiating better deals)
Commissioning Guidelines – with BASCA & the Musicians Union
Supporting and promoting best practice with the MPA Working with ECSA on investigating & highlighting unfair
contractual practices to the EU institutions Regular research into commissioning for contemporary
classical and jazz composers
FAIRNESS OF CONTRACTS
Statutory Instruments & Judicial Review – April 2015 Copyright and Rights in Performances (Personal Copies
for Private Use) Regulations 2014 The 2001 EC Information Society Directive stipulates that
‘private copying harms rights holders and therefore compensations must be given’
22 other European countries recognise this and offer compensation schemes of varying forms, thus giving songwriters and composers another vital income stream
FAIR COMPENSATION FOR PRIVATE COPYING
Thank you!
www.basca.org.uk