A number of recent and impending legal changes could have an effect on musicians and songwriters, as copyright laws are always changing. Here are some important legislative developments to watch in 2025, ranging from changes to the way performance royalties are handled to new regulations on artificial intelligence.
Debates and Changes in the UK
One hotly debated topic in the UK is how copyright laws will change to accommodate AI. A contentious plan to permit AI developers to train on copyrighted music without consent unless creators choose not to is being considered by the government. This “opt-out” model has been fiercely opposed by musicians, who claim it would diminish the value of their work. Officials have hinted that they might change their minds and choose a more impartial strategy as of early 2025. The use of artists’ music in AI projects could be greatly impacted by any new legislation or exception in this area, which is still up for debate.
A more technical change occurred in the UK in late 2024 when the government took action to give more international performers the right to perform in public. In the past, only artists from specific nations were eligible for royalties when recorded music was played on UK radio or in public (due to international reciprocity rules). More international artists will be able to receive UK royalties when their recordings are aired or played in public thanks to the recent reform, which will expand eligibility. Although this change is limited to comply with treaty obligations, it upholds the idea that performers everywhere ought to be compensated for the use of their creations.
As of right now, the UK has decided not to abide by certain creator-centric clauses that the EU included in its 2019 copyright directive (which the UK is not bound by after Brexit). For example, the EU gave authors the right to demand higher payment if their work is highly popular and the right to reclaim their rights if a publisher or label is not abusing their work. The UK government chose to encourage the industry to deal with such issues on its own initiative rather than enacting similar new rights at this time. It has, however, stated that it will keep an eye on the matter, suggesting that if musicians continue to face hardships as a result of unfair contracts, legislative action may be considered again.
Changes in the US
The American Music Fairness Act is a noteworthy legislative attempt on the other side of the Atlantic. It was introduced in the U.S. Congress and would mandate that AM/FM radio stations pay royalties to musicians when they play music on the air. The US is currently an anomaly in the world because terrestrial radio pays songwriters (through performing rights organisations) but not sound recording owners or performing artists. The American Music Fairness Act would bring the United States into compliance with other countries and possibly open up a new revenue stream for musicians who receive radio exposure by establishing a new right for performers to be compensated for radio airplay. The bill is still being debated as of early 2025, but it has a lot of support from advocacy groups for artists who want to “close the loophole” in U.S. law.
A small-claims copyright tribunal is another U.S. change that musicians (even those outside the U.S.) might find helpful. The Copyright Claims Board was established in the United States in 2022 and offers a simplified procedure for resolving smaller copyright infringement cases (claims up to $30,000) without the high expenses of federal court. For independent artists who might not have the funds for a drawn-out legal battle, this is especially important. For instance, a musician may now be able to pursue damages through this speedier, more economical forum if their composition or album art is used without their consent. Even though the system is new and limited to the United States, it follows a trend that makes copyright enforcement more approachable for creators.
Additional Foreign Notes
Musicians who perform for a worldwide audience should also be informed about events in other countries. The sweeping copyright directive described above has been implemented country by country in the European Union, strengthening protections for creators on platforms (e.g., requiring YouTube and other user-upload services to share revenue and remove unlicensed content more quickly) and providing authors with more bargaining power through reversion rights and contract adjustment. Many nations are also looking at how to manage online streaming and AI-generated content within their own copyright frameworks, frequently using the US, UK, and EU as models.
All things considered, 2025 is expected to see a number of significant rulings in copyright law. Music companies and artists are closely monitoring the UK’s finalisation of its AI and music policy, the potential changes to U.S. radio royalty laws, and the practical implementation of new creator rights in different jurisdictions. It is critical for musicians to remain aware of these legal changes. Opportunities like new royalties or simpler rights enforcement may arise as a result of new laws, but there may also be new requirements or exclusions that could have an impact on how your work is used. As the regulations governing the music industry are continually being revised, staying informed about the legal environment will enable you to adjust and defend your rights.
Solicitor advocate Michael Coyle has a master’s degree in copyright law. ACM, formerly a lecturer at Guildford School of Music and Solent University.
Michael.Coyle@lawdit.co.uk is his email.
