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Amend UK Implementation of EU Rental and Lending Directive 92/100/EEC

Comment 1st July 2010

 

Thank you for the opportunity to suggest an amendment to existing UK legislation that will have the effect of helping UK performers enjoy the same rights and revenues as their European counter-parts.

EU Directive 92/100/EEC has been implemented differently in UK than in other EU countries. Performers in Europe enjoy an equal right with Producers (record labels) against Users of recordings (broadcasters, public venues etc) to license, collect and distribute equitable remuneration for the use of their recorded performances.

In the UK, the Directive was implemented such that the Producers enjoy a right against the Users but Performers only have a right against the Producers.  This has resulted in unequal treatment for UK Performers allowing the Producers, via their agent, Public Performance Limited (PPL), to exert an unfair influence over the distribution of remuneration to Performers, establishing a governance structure that fails to represent the interests of performers in an even-handed or transparent way.

This unbalanced governance structure where Producer directors outnumber Performer directors 3 -1, contributes to difficulties in completing revenue exchange agreements with other territories where revenues are handled either by separate producer and performer rights management organisations or by joint collection societies where administrative control is split equally.

Why does this matter?

 

Creating an equal right against the User for Performers in the UK will open the door to recasting PPL as a ‘joint-society’ and enabling it to develop as the leading neighbouring rights collective management body in the EU in a position where it can best exploit the benefits of the powerful ‘Anglo-American’ English language recorded music catalogue to the full.

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