An
Updated
Look At Neighboring
Rights
Posted: August
29, 2017
(Hypebot)
– Here we dive back in to look further
at 'neighbouring rights', a form of
rights holding which entitles allows
monies to be distributed to artists
and
sound recording holders when one of
their works is either broadcast publicly
or streamed.
Guest post by Justin M. Jacobson, Esq.
on the TuneCore Blog
Featured artists, session musicians and
master sound recording owners, typically
record labels, are entitled to an
additional royalty stream that artists
and sound recording owners within the
United States are currently not
receiving. This additional revenue
stream is referred to as “neighboring
rights”
royalties. In recent years, this
revenue stream has become a valuable
source of additional income for non-U.S.
citizen performers. It is reported that
neighboring rights generates over $2
billion per year.
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It is well established within the music
industry that there are two copyrights
in music, the underlying musical
composition (“PA”) and the sound
recording (“SR”). The underlying musical
composition is usually exploited by a
music publishing company and
songwriters. They receive public
performance royalties from a Performing
Rights Organization, such as ASCAP, BMI
or SESAC in the U.S. The sound recording
is typically owned by
a record label,
which receives their rights from the
featured vocalist on the track.
“Neighboring rights” are monies
distributed to musicians and master
sound recording owners when a work is
publicly broadcast or streamed. The
concept of “neighboring rights” is
derived from Copyright law and has been
applied to many countries through the
signing of the 1961 Rome
Convention. The
Rome Convention treaty was enacted to
provide featured performers and session
musicians with an additional revenue
stream when
their works are publicly
performed.
To receive “neighbouring rights”
royalties, the Rome Convention treaty
mandates that a featured performer,
studio musician and master sound
recording owner must be a permanent
resident of one of the signatory
countries. Some signatory countries
include Canada, the United Kingdom,
Australia, Germany, Japan, Greece,
France, Hungary, Italy, Sweden,
Switzerland, Spain and Poland.
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In Rome Convention signatory countries,
neighbouring rights collection societies,
similar to United States’ ASCAP and BMI,
collect and distribute
“neighboring
rights” royalties to their members.
Since collection societies vary in
different countries, a musician must
register the individual master
recordings with each collection society
in all of the countries that their track
is receiving airplay in to receive full
payment.
For example, the performing rights
organization that distributes
neighbouring rights royalties in the
United Kingdom is PPL; in Germany, it is
GVL;
in Spain, it is AIE; and, in
Canada, it is The Recording Artists’
Collecting Society (RACS), which is a
division of The Alliance of Canadian
Cinema,
Television and Radio Artists (ACTRA).
As discussed earlier, the United States
is not a signatory to the Rome
Convention treaty. Since the U.S. is a
non-signatory country, U.S. citizen
musicians
do not receive any neighbouring
rights royalties. This is due to a
concept called “reciprocity,” which
means that because the United States
does not pay
neighbouring rights
royalties to non-U.S. citizens, those
countries refuse to pay neighboring
rights royalties to U.S. citizens.
This has put U.S. musicians, especially
those who are solely featured vocalists
and studio session players, such as many
of today’s pop stars, in a bind by
limiting most of their income to only
record (which have steadily declined)
and touring sales.
There are various reasons why the U.S.
did not become an initial signatory to
the Rome Convention treaty. One
suggested justification is that radio
station lobbyists fear that terrestrial
radio stations would then have to pay
additional license fees, essentially
doubling its current fees. This
additional
expense may could result in a
severe strain on their already dwindling
business. The broadcasters are a
significant lobby. Others counter this
argument
by saying that radio stations
are predominantly kept in business by
the music they play and without the
master sound recording copyright owners,
featured artists, and session musicians’
creations, the radio station would have
nothing to air.
Although American law does not currently
recognize neighbouring rights for a
terrestrial broadcast such as
traditional radio stations, the “Digital
Performance Rights in Sound Recordings
Act of 1995” was established in an
attempt to compensate featured vocalists
for the digital public
performance of
their work. This Act allows U.S.
musicians and master rights owners to
collect royalties on digital
performances of their work through
satellite radio and Internet platforms.
This includes royalties paid by music
streaming platforms such as Pandora and
Spotify as well as satellite and
Internet radio stations, such as
Sirius XM. These royalties are collected and
distributed through the licensing
organization, SoundExchange. While
American musicians can now
collect
digital performance royalties with the
passage of this act, they still cannot
collect royalties on terrestrial
broadcast platforms. This means that
U.S. musicians, who are only featured
vocalists, still only receive half of
the potential revenue streams available
to them that other non-American
vocalists do.
As recently as 2017, legislation called
the “Fair Play, Fair Pay Act” has been
discussed before the U.S. Congress with
the intention of remedying the issue of
neighbouring rights. However, to date, no
progress has occurred and it seems that
no immediate movement is on the horizon.
The lack of this income stream has
widespread effects on U.S. musician’s
earnings. In fact, according to Niels
Teves, Co-CEO of Fintage House, the
inclusion of neighbouring rights could
potentially “double the size of [the
U.S.] annual market,” an industry
severely in need of a monetary infusion.
Neighbouring Rights are untapped revenue
streams for many featured musicians and
master sound recording owners.
Unfortunately, most of this revenue is
left
unclaimed due to a lack of
reciprocity between signatory and
non-signatory countries. In order to
help accelerate the music business’
recovery, copyright owners
should
attempt to apply additional pressure on
the U.S. Congress to enact the “Fair
Play, Fair Pay Act” or some variation of
it. This would hopefully give
musicians
and sound recording owners their due
royalties and compensation guaranteed
under the U.S. Constitution.
[Editors Note: This is a guest blog
written by Justin M. Jacobson, Esq.
Justin is an entertainment and media
attorney for The Jacobson Firm, P.C. in
New York City. In 2012, we published an
article titled “Neighboring Rights: What
They Are & Why They Matter”. This newest
instalment includes a current
exploration of today’s neighbouring
rights, including which countries
currently provide them and which don’t.
It also explores recent United States’
legislation that has been discussed in
an effort to extend “neighboring rights”
to U.S. Citizens; as well as a
discussion on the current financial
impact these royalties have on the
world-wide music business. It expands on
the existing material while reinforcing
the information it provides.]
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SOCAN Enters Mechanical Rights Business with Purchase of
Audiam
In a move that some
are speculating could put performing rights
organization SOCAN in competition with the Canadian
Mechanical Reproduction Rights
Agency (CMRRA)
over the collection of mechanical royalties, SOCAN has
purchased 100 per cent of the New York-based tech
company
Audiam,
empowering SOCAN
to expand into the business of licensing digital
services and royalty payment for songwriters,
composers, and music publishers.
With Audiam, SOCAN
says it now has a comprehensive database, and
metadata of all compositions and
commercially-released digital sound recordings,
and the technology
and business understanding to match and connect the
two, issue licenses and get rights-holders paid.
The problem of
licensing and payments recently came to a head again
in the form of several class-action lawsuits by
rights holders against music streaming
companies, mostly
notably Spotify. The streaming service recently
reached a settlement with the National Music
Publishers’ Association, a U.S. organization,
that will
see Spotify pay around $20 million to publishers for
dispute over licensing and unpaid royalties.
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With the Audiam
acquisition, SOCAN has expanded into collection of
royalties for reproductions of music
(“mechanicals”), licensing and royalty distribution
in the U.S.
and Canada. Audiam enables music creators and music
publishers to be paid accurately, while removing
liability, infringement and data issues for
streaming music
services and YouTube. Audiam provides one-stop
licensing and collecting in North America.
“In 2013 Audiam
shook up the music royalties system by identifying
and correcting serious gaps in the digital music
rights value chain, particularly with music
used in
YouTube videos, by correctly matching data to the
rights-holder,” says SOCAN CEO Eric Baptiste. “By
acquiring Audiam, SOCAN steps even further
ahead with
our vision to lead the global transformation of
music rights with substantial new tools for our more
than 135,000 member songwriters, composers,
and music
publishers, dramatically expanding our ability to
ensure that creators are properly and fairly
compensated.”
“SOCAN is not only
the most technologically advanced, efficient, and
transparent music rights organization on the planet,
but its board of directors and
executive team are
singularly focused on assuring that composers and
publishers are licensed, and that rights-holders are
paid for the use of their music,” says
Jeff Price,
founder and CEO of Audiam. “Adding SOCAN’s resources
and knowledge to Audiam allows us to finally fix the
global industry problems, remove
liability
for services, and get rights-holders paid.”
Audiam was founded
in 2013 by TuneCore founder and former CEO Jeff
Price. Audiam’s innovative technology and business
processes identify the use of
music and correct
data on digital services such as Spotify, Apple
Music, YouTube, Google Play, and others, and get
rights-holders paid, greatly expanding and
enhancing
the capabilities of SOCAN.
The acquisition
was made final in June, and Audiam will remain a
separate organization under its current name for the
foreseeable future. Jeff Price will remain
Audiam’s CEO and
will work closely with SOCAN group CEO Eric Baptiste
and his team.
Audiam brings to
SOCAN one of the world’s most complete databases of
sound recording and underlying song/composition
metadata, as well as sophisticated
audit and
auto-match technology, to proactively find works
that are not licensed and royalties that have not
been paid.
Because part of SOCAN’s vision, according to the
organization, is to lead the global transformation
of music rights, the company is investing in new
services for
its members that says are essential in
today’s globalized digital environment.
SOCAN will instantly leverage Audiam’s
identification technology and services to more
accurately pay members’ performing rights royalties
on YouTube and
other digital platforms, expanding
service offerings to songwriters, composers, and
music publishing members.
SOCAN plans to integrate Audiam’s other business
lines, such as North American licensing and
administration of mechanical income from digital
services,
including Spotify, Google Play, and Apple,
as well as leverage Audiam’s proven track record to
identify and recover pre-existing mechanical
royalties that
typically have remained unpaid.
Audiam’s services will be available immediately
to all SOCAN members.
For a full list of services offered
: socan.com
The acquisition was completed in June 2016, the
terms of which are undisclosed.
On May 12, 2016, SOCAN announced its purchase of
Seattle-based
MediaNet, a pioneer business-to-business music
technology provider offering 360-degree
music rights
administration to SOCAN members. The combination of
SOCAN’s existing capabilities and services with
Audiam and MediaNet further extends the
company’s
leadership position among the world’s music rights
organizations.
as reported by and courtesy of canadianmusician .com
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