Business Matters
Music Performer Rights

More and more people are making recordings of performances for commercial release. Such recordings often include singing by a group or solo artists and the songs range from everything in the "charts" to church and evangelical songs, and contemporary music and music of any other genres.

It is important that before writing lyrics for someone, music score or the recruitment of people to perform a song or piece of music, make a recording, film or video, to ensure there are the appropriate documents in place. Documents are required because under the Copyright, Patents and Designs Act 1988, these people have rights which are protected by statute. These various rights can be dealt with, and that leads to the commercial aspects and related documents which we can prepare and negotiate.

A performer's rights are infringed if, without his/her consent, a recording is made of a performance, and is further infringed if someone makes a copy of a recording without permission. The renting or lending to the public of copies of a recording also requires appropriate permissions. It follows, therefore, it is important to have a recording contract to ensure each party understands the rights it has and has granted to the other and the level of remuneration to be obtained.

These provisions apply not only to commercial recordings but also to those being undertaken by charities and other not-for-profit organisations, so whether you are a band, performing at a gig or in a recording studio with a view to tapes or CDs or DVDs being produced or released, then it is important to have right documents in place from the very outset.

Contact Christopher Hallam for further advice.