Vick Bain, CEO of BASCA, gave a presentation about music copyright at the Digital Catapult Centre's Understanding UK Copyright Law: A Workshop for Music Writers & Composers.

1. AN
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2. OVERVIEW

3. “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

4.  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

5. 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

6. For BASCA it is our members
For our members it is their
rights
WHAT IS OUR BUSINESS?

7. 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

8. 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

10. OWNERSHIP
 The first owner of copyright is generally
the author unless…
 The work is created in the course
of employment

11.  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

12.  The music and lyrics
Duration of copyright:70 years after death
A RECORDING HAS TWO COPYRIGHTS...
The sound recording
Duration of copyright: 70 years

13.  Performing Right
 Mechanical Right
 Print Right
 Sync Right
 Grand Rights
 Moral rights
ADDITIONAL RIGHTS

14. Each time your work is broadcast,
performed live or heard publicly
In the UK generally administered
by PRS for Music
PERFORMING RIGHT

15. 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

16. In 1910 75% of all records sold were
classical music and sheet music was king
Composers, songwriters and publishers
relied on sheet music for their primary
income
PRINT RIGHT

17.  Growing markets
 Negotiated directly
 One-off fee
SYNC RIGHT
For music time synchronised to film, TV shows,
mobile ringtones or adverts

18.  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

19.  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

20.  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

21.  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 - PUBLISHING
Mechanical techniques for printing music and bibles were first
developed in mid-15th century
 The Statute of Anne gave protection for 21 years

22.  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

23.  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

24.  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

26.  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

27. 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

28.  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

29.  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

30. Thank you!
www.basca.org.uk