Copyright Related Rights and Licensing

Internationally, related rights are covered by the WIPO Rome convention.

Related rights are the rights of broadcasters, producers of sound recordings and some performers.

In the UK, broadcasters and producers of sound recordings are granted copyright in their broadcasting and sound recordings, respectively. In the UK performers’ rights are considered to be a separate category to copyright.

Performers’ Rights

In the UK performers have property rights (e.g. right to make copy of recordings of their performance) non-property rights (e.g. right authorise the recording of their live performance and rights to remuneration) and right of remuneration (e.g. when a sound recording is played in public, the performer in the sound recording has the right to claim equitable remuneration from the owner of the copyright in the sound recording).

Performers also have moral rights to be identified as a performer and to object to the derogatory treatment of their performance. Performers’ rights last for 50 years from the end of the year in which the performance takes place or, if during that period a recording of the performance is released, 50 years from the end of the calendar year in which it is released. Performers’ moral rights can be waived or transferred by a will or other form of testamentary disposition.

Other Rights Under Copyright

Public Lending Right

The lending of works can reduce the income of authors, because instead of their books being purchased, they are being borrowed from libraries. The public lending right entitles authors to remuneration where their works are loaned by public libraries, as a substitute to potential lost sales.

Artist’s Resale Right

Currently in the UK, the artist’s resale right gives artists of original works a right to claim a royalty when their work is resold during their lifetime, in a sale involving an art market professional. The royalty to be paid to the artist depends on a sliding scale of percentages.

The calculation of resale royalty depends on the amount the work is sold for. For example, the first €50,000 of a sale price attracts a royalty at 4%, between €50,000.01 and €200,000 attracts a royalty of 3%, between €200,000.01 and €350,000 attracts 1%, between €350,000.01 and €500,000 attracts 0.5% and any portion in excess of €500,000 will attract a royalty rate of 0.25%. All applicable percentages are combined to arrive at the royalty due on a sale. The artist’s resale right is managed by collecting societies; individual artists are not able to request payments directly. This means that the seller is required to pay all royalties to a collecting society who will then distribute them to the artist. From January 2012 the Artist’s resale rights will apply to sales of work by deceased artists for the period of copyright protection.

Licensing

If you want to use a work that is under copyright, it is likely that you will need to approach the copyright owner in order to obtain a licence.

Exclusive licence

An exclusive licence could be granted, but remember that this enables the licensee to use the copyright work to the exclusion of all others, including the copyright owner. Any licence agreed can relate to one or more of the economic rights and can also be limited in time or any other way. It is a contractual agreement between the copyright owner and user.

Limited use licence

Often a copyright owner will only give permission for some uses of a work, for example, publication of a photograph in a particular newspaper, and if you want to use the work in any other way, for example, by publishing the photograph in a magazine, you will need to seek further permission.

Creative Commons Licence

Some people prefer to allow limited access to their work without charge. One way to do this is by using a Creative Commons Licence www.creativecommons.org.uk

The Copyright Tribunal

The Copyright Tribunal is an independent body established under the Copyright, Designs and Patents Act 1988.

The main function of the Tribunal is to settle various types of disputes, where the parties cannot agree between themselves, mainly in the field of collective copyright licensing. Further information about the Copyright Tribunal can obtained from www.ipo.gov.uk

This Copyright Related Rights & Licensing business advice article is subject to Crown Copyright © 2012-2013

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