Explainer of the 'two words' !!

Streaming is not radio. It is a new form of exploitation. However, in broadcasting, performers are guaranteed payment, irrespective of contracts, because of 'equitable remuneration'.

This is a performer right usually paid on the basis that the performers do not control their music being played in broadcast i.e. I can't stop my song being played on the radio so I should get something for the performance.

It doesn't apply to streaming - the reasoning being because rights-holders consent for their work to be licensed to platforms. However, despite this thinking, we believe it might be possible for an equitable remuneration to follow a consented exclusive right.

Equitable remuneration in the UK is a right against the rights-holder (labels etc). If we apply it to streaming income would be paid from the master share to performers via a collecting society.

We don't intend to stop the negotiation of the value of rights held by rights-holders, rather to apply a following right to an equitable remuneration that would be negotiated with rights-holders...Done by changing two words in the 1988 Copyright, Designs and Patents Act:

Equitable remuneration is paid in communication "OTHERWISE THAN by its being made available to the public" must be changed to "OR by its being made available to the public". And, voila, ER exists in streaming.

This would be an entirely new way of applying the right. It is not what occurs in radio where all rights are paid through a collecting society. Instead a proportion of the master share would come direct from the platform to performers (at a much lower admin rate than a distro).

We take the view that streaming has replaced the sales model but is also replacing secondary usages such as radio with algorithmic playlisting etc and musicians should retain the rights they held in radio or see them disappear.

We can't deny this is pretty revolutionary thinking (it might seem dull as dishwater but the copyright lawyers jaws are on the floor). But what did you come here for? The jokes?

#BrokenRecord