You may ask yourself, “Am I, as the performer, earning money from this?” if you have ever heard your recorded music played on the radio, in a pub or on a streaming service. Thanks to performers’ rights, also referred to as neighbouring rights, the answer is yes in many nations. When your performance on a sound recording is broadcast or performed in public, these rights ensure that you and the recording’s owner will be paid royalties. This article explains how performers can receive those earnings and what to watch out for.
An Overview of the Rights of Performers
When a song is played on television, traditional radio, or in public settings like shops, clubs, or restaurants, two sets of royalties are typically produced. Through songwriter collection societies such as PRS in the UK and ASCAP/BMI in the US, the song’s composers receive one set of payment, while the recording’s owners and performers receive the other set from nearby rights societies. In the UK, a society called PPL (Phonographic Performance Limited) grants licences for recorded music to be performed in public and broadcast. The performers on the recording receive half of the royalties that radio stations, TV channels, and venues pay to the recording’s owner (label), with the other half going to the label. Similar organisations exist elsewhere (e.g., SoundExchange in the US for digital radio/webcasting), and PPL has local counterparts in many countries.
This suggests that if you were the lead singer or a session player on a song that was being played on the radio or through cafe speakers, you might be entitled to royalties. To get them, you or your label must register the recording and your performer credits with the relevant collection society. You don’t automatically receive royalties from performers unless you ask for them by filling out an information form and joining a rights society.
How to Ensure You Get Paid
Choose the neighbouring rights organisation or organisations that best suit your situation first:
- If you are based in the UK or your recordings are made there: Register with PPL. When registering recordings, be sure to include a list of all performers and their roles so that PPL can distribute shares appropriately. While session players also receive a share, featured artists typically receive the largest share.
- Though the US is a notable exception, where composers are paid but performers are not typically paid for AM/FM broadcasts, there is actually no performers’ royalty for traditional AM/FM radio in the US. SoundExchange does, however, compile and pay artists and labels for digital broadcasts (like satellite radio or webcasters). Therefore, American artists should register with SoundExchange in order to receive those digital performance royalties. (If your music is performed overseas, you may receive payment from foreign societies through reciprocal agreements.)
- Globally, most other countries have systems that are similar to the UK’s. Register with your home country’s society (e.g., France’s Adami/Spedidam, Germany’s GVL, etc.), and they will collect from usage both domestically and abroad through reciprocal agreements with other societies. Make sure you are registered in key territories (either directly or through an agent) if your music is played internationally.
Ensure that all of the recordings you work on are accurately documented. If you are a session musician, keep track of the songs you have performed on and ensure that you are properly credited in the metadata. Many societies require proof or a statement from the primary artist or label about who contributed to a recording. Do not assume that the producer or label has taken care of this for you; it is advisable to verify that you have been added as a registered performer.
Specific Circumstances and Updates
The way that different countries’ laws affect who gets paid is one oddity to take into account. Historically, some countries only paid foreign performers if reciprocity was guaranteed, so American artists sometimes lost out because the US did not pay foreign performers for AM/FM radio. Legislative changes or bilateral agreements have recently closed many of these gaps. To ensure that more foreign artists are compensated for using UK music, for example, the UK recently changed its laws. Meanwhile, a bill to finally pay artists on AM/FM radio is being considered in the United States; if it passes, it will benefit artists worldwide.
Don’t Place Money on the Table
If your songs are regularly played on the radio or in public places, royalties from performers’ rights can be a sizable source of income. Because it is different from your songwriter and streaming royalties, make sure you are not losing out. Each year, PPL and other organisations hold unclaimed royalties due to artists’ failure to update or register. Don’t let that money slip through your fingers: register with the appropriate rights society, register all of your recordings and performer credits, keep your records up to date, and stay informed about any new laws that could increase your earnings. In this way, whenever your recorded performances delight audiences around the world, you can be certain that you are receiving your fair share of royalties.
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.
