AN

INTRODUCTIO

N TO

COPYRIGHT F

OR

MUSIC

WRIT

ERS

OVERVIEW

“BASCA exists to support and protect the professional interests of

songwriters and composers of all genres of music and to celebrate and

encourage excellence in British music writing.”

MISSION STATEMENT

Campaign as a leading force in the domestic, European and international political arenas

Celebrate excellence through world-class awards ceremonies – the Ivor Novello Awards, the British Composer Awards and the Gold Badge Awards

Inform our members in a constantly changing environment through our publications, websites and seminars

Foster a sense of community amongst British songwriters, lyricists and composers and encourage the next generation of professional music writers

BASCA AIMS & OBJECTIVES

Our members include songwriters, composers, lyricists and writers of music for film, television,

advertising and computer games

Dizzy Rascal, Kate Bush CBE, Sir Elton John, Debbie Wiseman OBE

For BASCA it is our members

For our members it is their rights

WHAT IS OUR BUSINESS?

DEFINITION OF COPYRIGHT• A form of Intellectual Property• A right to

• Control your work• Authorise or prohibit people to do

things with your work: performing, reproducing, making available

• Economically exploit your work by assigning it or licensing it

Protects the form of expression of ideas but not the ideas themselves.

It builds a system where authors are rewarded for the creation of

original works.

DEFINITION OF COPYRIGHT, CONT’D

OWNERSHIP

The first owner of copyright is generally the author unless…

The work is created in the course of employment

A work created by more than one person if contributions from each author are not distinct from that of the other authors

Each joint author has the same rights as a sole authors

An author may sue any of his other joint authors who do any of the acts restricted by copyright without his consent

JOINT AUTHORSHIP

The music and lyrics

Duration of copyright:70 years after death

A RECORDING HAS TWO COPYRIGHTS...

The sound recording

Duration of copyright: 70 years

Performing Right

Mechanical Right

Print Right

Sync Right

Grand Rights

Moral rights

ADDITIONAL RIGHTS

Each time your work is broadcast, performed live or heard publicly

In the UK generally administered

by PRS for Music

PERFORMING RIGHT

Each time your work is transferred to a product which includes music (CDs or

internet downloads) or when it is synchronised with a film or TV broadcast

In the UK collected by the MCPS either via a publisher or self published

MECHANICAL RIGHT

In 1910 75% of all records sold were classical music and sheet music was kingComposers, songwriters and publishers relied on sheet music for their primary

income

PRINT RIGHT

Growing markets Negotiated directly One-off fee

SYNC RIGHTFor music time synchronised to film, TV shows, mobile ringtones or adverts

Work commissioned for use in a dramatic performance: the author (or publisher) hold the exclusive right to issue licences and collect fees each time a performance is made No collection society exists to manage this so authors or their publisher should negotiate these fees in advance

GRAND RIGHTS

Only for copyright in the musical work Duration is the same term as copyright (author’s life plus 70 years)

MORAL RIGHTS

Right of paternity Right to object to false attribution (20

years after the death of the author) Right of integrity

Right to object to derogatory treatment

Self-published v. Publishing deals

Support composer’s and songwriter’s creative process

Promote of their music

Manage commercial exploitation of their music

Protecting and enhancing the value of their works

The Music Publishers Association at http://www.mpaonline.org.uk/

PUBLISHERS & COMPOSERS

The music publishing revolution started in Tin Pan Alley in 1885 when a collection of music publishers set up shop in New York

In London it was in Denmark Street, Soho in the

1920s

EARNING A LIVING - PUBLISHINGMechanical techniques for printing music and bibles were first developed in mid-15th century

The Statute of Anne gave protection for 21 years

Traditionally the work is assigned (sold) forever

Currently limited periods are more common

7 – 25 years

80 / 20 or 70 / 30 splits are common

PUBLISHING DEALS

Protection of collective management and the exclusive assignment

Digital royalty campaign ‘The Day The Music Died’ Action against online theft Fairness of contracts Fair compensation for private copying

BASCA campaigns based on copyright

We submit responses to key consultations to ensure our voice is heard

We talk to Government, civil servants & relevant bodies We are a founding member of the industry umbrella

organisation UK Music We are a leading members of European composer

organisation ECSA We work with the PRS for Music on ‘Creator Voice’ project We send a quarterly public affairs newsletter to members,

politicians, journalists and opinion formers

Campaigning

Support the Police Intellectual Property Crime Unit Speak on panels organised by PIPCU Giving evidence to the CMS Select Committee 2013 Support Creative Content UK run by BPI, PRS, PPL & IPO Supporting the Creative Coalition Campaign Speak out against search engines facilitating file-sharing Educating the general public about the impact Reaching out to MPs and Government officials

ACTION AGAINST THEFT ONLINE

Protecting Collective Management Organisations run by members and publishers

Exclusive assignment – when a writer joins PRS for Music they assign their performing right exclusively to that society. BASCA believes this assignment of rights is the single most important protection for music writers

This collective provides the writer with transparency of accounting, equality of treatment and enhanced bargaining power

PROTECTION OF COLLECTIVE MANAGEMENT & EXCLUSIVE ASSIGNMENT

US Copyright Reversion information (gaining works back or negotiating better deals)

Commissioning Guidelines – with BASCA & the Musicians Union

Supporting and promoting best practice with the MPA Working with ECSA on investigating & highlighting unfair

contractual practices to the EU institutions Regular research into commissioning for contemporary

classical and jazz composers

FAIRNESS OF CONTRACTS

Statutory Instruments & Judicial Review – April 2015 Copyright and Rights in Performances (Personal Copies

for Private Use) Regulations 2014 The 2001 EC Information Society Directive stipulates that

‘private copying harms rights holders and therefore compensations must be given’

22 other European countries recognise this and offer compensation schemes of varying forms, thus giving songwriters and composers another vital income stream

FAIR COMPENSATION FOR PRIVATE COPYING

Thank you!

www.basca.org.uk