Copyright Aid Forum Index
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in   Main siteC A Main Site 

Performers Rights From A Labels Standpoint

   Copyright Aid Forum Index -> Music Copyright

Post new topic   Reply to topic    Copyright Aid Forum Index -> Music Copyright
View previous topic :: View next topic  
Author Message
New Member
New  Member

Joined: 21 Oct 2013
Posts: 1

PostPosted: Mon Oct 21, 2013 3:24 pm    Post subject: Performers Rights From A Labels Standpoint Reply with quote

Hi All,

Would really appreciate any & all help on this.

A friend recorded a vocalist improvising. They gave me the file & verbal permission to have it, make a track with it, then pay them 20% of income. This now needs to be on paper. Is it right to think this is in two stages?:

1. Assignment Of Copyrights: both Song (music & lyrics) and Sound Recording, signed by both parties on individual contracts.

2. Because Performers' rights cannot be assigned, I (as a label) need an exclusive license from them (excluding Performing Rights Organisations) to manufacture, distribute, make available etc, for life of copyright. That the only remuneration they are legally entitled to for this is from PPL as performers, and as a label, they're not entitled to share on record sales, sync, videos, or dubbing rights.

We're all in the UK, and the recording was done here also.

Back to top
View user's profile Send private message

Joined: 29 Jan 2010
Posts: 1665

PostPosted: Mon Oct 21, 2013 4:49 pm    Post subject: Reply with quote

Hi CopyrightHelp,
This is a very complicated area as it involves several individuals and lots of different rights. Failure to get it right in any contract will only cause grief later.
Unfortunately I am not at all clear exactly what you want to do. Also some of your terminology may be confused. For example the songwriter does not need (nor would it be in their interests) to assign copyright to you.
As the friend made the recording of the performance, ordinarily he will be deemed to be the producer (and thus the owner of the copyright in the sound recording, unless other provisions applied at the time) and he should already have the requisite permissions to use the song and to record the performance. If you are now acting as the distributor (the label in your terminology) then your principal contract is with the producer, and secondarily with the artist concerning their property rights. A contract between an artist and a record label may also need to include additional benefits to the artist such as promotion, a guaranteed number of album or single releases during the period of the contract and so on, as well as royalties, in exchange for signing over some or all of their property rights.
But these are all complicated arrangements which require the services of a solicitor who specialises in the music industry. Take a look here and here to gain an idea of what is involved.
If you really want to do this yourself (against my advice) then take a look at these boilerplate agreements:
Acquisition agreement (music)
Agreement for master licence (music)
Agreement for record producer
Recording contract for single record
and see if you can make them work.
But remember that a contract which is unenforceable due to glaring deficiencies is worse than no contract. (see here for some of the many cases which come to court)
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Copyright Aid Forum Index -> Music Copyright All times are GMT
Page 1 of 1

You must be logged in to post  Log inLog in
Want to join in? New members are always welcome  RegisterRegister & join the discussion


Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more here

Powered by phpBB © 2001, 2005 phpBB Group