Is equitable remuneration equitable? Performers' rights in the UK

Osborne, Richard ORCID: https://orcid.org/0000-0003-4111-8980 (2017) Is equitable remuneration equitable? Performers' rights in the UK. Popular Music and Society, 40 (5) . pp. 573-591. ISSN 0300-7766 [Article] (doi:10.1080/03007766.2017.1348660)

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Abstract

British musicians receive “equitable remuneration” when their recordings are played in public or are broadcast. Performers’ rights are weaker than those of songwriters, however. This is largely because songwriters are the first owners of their copyrights, whereas performers rarely own the copyright in their sound recordings. This article concerns the remuneration of musicians’ labor. It looks at the legislative evolution of performers’ rights in the UK and addresses the influence that songwriters, record companies, and the Musicians’ Union have had on this area of copyright law. It argues that performers will only achieve legislative parity with songwriters if the ownership and conceptualization of sound recording copyright are reconfigured. This copyright should be awarded to performers for their creative labor, rather than to record companies for their financial and administrative endeavors.

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