ARTIST

Performer

Singers/Musical instrument players

Fixed Performances/RecordingsRelated Rights = Neighbouring Rights (50 yrs)

Record Company =Phonogram Producer

Elvis PresleyLady Gaga / Elton John

Author

Songwriters/ComposersLyricists/Arrangers

Works

Copyright (life+50 yrs)

Music Publisher

Bernie TaupinLady Gaga / Elton John

Authors Rights

• The right of reproduction• The right of distribution• The right of rental• The right of communication to the public

(broadcasting wire or wireless/public performance/making available)

• The right to translate• The right to make adaptions/arrangements• The moral rights

Performers’ Rights

• The right of reproduction• The right of distribution• The right of rental• The right of communication to the public

(broadcasting wire or wireless/public performance/making available)

• The moral rights

Phonogram Producers Rights(Record Companies)

• The right of reproduction• The right of distribution• The right of rental• The right of making available• The right of communication to the public

Moral Rights

• The right of integrity• The right of paternity

Mechanical Licenses

If a phonogram producer (record company) wants to release a record they need permission from the author of the work or the author’s publisher

A mechanical royalty is payable by the phonogram producer to the author or the author’s publisher for every record sold (8-9% of dealer price in many territories)

Author’s Income Streams

• Mechanical royalties• Broadcast and public performances (MCSK) • Downloads, streaming, ringtones and

realtones (mechanicals & public performance)

• Audio-visual synchronisation• Printed sheet music• Home copying levies • Making available

Performer’s Income Streams

• Fees for live performances• Physical record sales• Downloads, streaming, ringtones/realtones sales• Broadcasting and public performance: KAMP

(phonogram producers) & PRSK (performers)• Audio-visual ‘master re-use’• Home copying levies• Merchandising• Sponsorship & branding• Making available

The Shift in Income Streams

Because of unauthorised file sharing the income streams are changing in terms of importance:

More important Less important-- Live -- Recording income-- Synchronisation and -- Mechanicals Master Re-Use-- Public Performance

(Authors/publishers) Public Performance

(Phonogram Producers/Performers)-- Merchandising-- Branding-- Making available? Making available?

COMMUNICATION TO THE PUBLIC

USERRadio/TV/premises/website/etc

Authors/Publishers

Collection Society (MCSK)

Phonogram Producers/Performers

Collection Societies

(KAMP) (PRSK)

Publisher AuthorPhonogram

Producer

Performers

Featured

performer

Non-Featured

performers

“Government supervision of the establishment and operationof joint management organisations seems desirable. Such supervision may guarantee (inter alia) that only thoseorganisations which can provide the legal,professional andmaterial conditions necessary for an appropriate andefficient management of rights may operate; that the jointmanagement system be made available to all rights ownerswho need it; that the terms of membership of the organisationsbe reasonable and, in general, that the basic principles of anadequate joint management (for example, the principle ofequal treatment of rights owners), be fully respected.”

Dr. Mihaly Ficsor

PERFORMER’S TEAM

Roadies

Choreographer

PhonogramProducer

Tour Manager

GraphicDesigner

Studio Producer

Travel Agent

Publicist

Make-up artist

Lawyer Accountant

Manager Booking Agent

Photographer

Wardrobe Assistant

Sound/LightingEngineer

Plugger

Visa/Work PermitAgent

Freight Agent

Merchandiser

Webmaster

Internet MarketingDirector

Aggregator

AUTHOR’S TEAM

Manager

Lawyer

Film ScoreAgent

Accountant

Webmaster

Publisher

Music-in-filmAgent

Internet MarketingDirector