ARTIST Performer Singers/ Musical instrument players Fixed Performances /Recordings Related Rights = Neighbouring Rights (50 yrs) Record Company = Phonogram Producer Elvis Presley Lady Gaga / Elton John Author Songwriters/Composers Lyricists/Arrangers Works Copyright (life+50 yrs) Music Publisher Bernie Taupin Lady Gaga / Elton John

Authors Rights The right of reproduction The right of distribution The right of rental The right of communication to the public (broadcasting wire or wireless/public performance/making available) The right to translate The right to make adaptions/arrangements The moral rights

Performers’ Rights The right of reproduction The right of distribution The right of rental The right of communication to the public (broadcasting wire or wireless/public performance/making available) The moral rights

Phonogram Producers Rights (Record Companies) The right of reproduction The right of distribution The right of rental The right of making available The right of communication to the public

Moral Rights The right of integrity The right of paternity

Mechanical Licenses If a phonogram producer (record company) wants to release a record they need permission from the author of the work or the author’s publisher A mechanical royalty is payable by the phonogram producer to the author or the author’s publisher for every record sold (8-9% of dealer price in many territories)

Author’s Income Streams Mechanical royalties Broadcast and public performances (MCSK) Downloads, streaming, ringtones and realtones (mechanicals & public performance) Audio-visual synchronisation Printed sheet music Home copying levies Making available

Performer’s Income Streams Fees for live performances Physical record sales Downloads, streaming, ringtones/realtones sales Broadcasting and public performance: KAMP (phonogram producers) & PRSK (performers) Audio-visual ‘master re-use’ Home copying levies Merchandising Sponsorship & branding Making available

The Shift in Income Streams Because of unauthorised file sharing the income streams are changing in terms of importance: More importantLess important -- Live-- Recording income -- Synchronisation and -- Mechanicals Master Re-Use -- Public Performance (Authors/publishers) Public Performance (Phonogram Producers/Performers) -- Merchandising -- Branding -- Making available? Making available?

COMMUNICATION TO THE PUBLIC USER Radio/TV/premises/website/etc Authors/Publishers Collection Society (MCSK) Phonogram Producers/Performers Collection Societies (KAMP) (PRSK) Publisher Author Phonogram Producer Performers Featured performer Non- Featured performers

“Government supervision of the establishment and operation of joint management organisations seems desirable. Such supervision may guarantee (inter alia) that only those organisations which can provide the legal,professional and material conditions necessary for an appropriate and efficient management of rights may operate; that the joint management system be made available to all rights owners who need it; that the terms of membership of the organisations be reasonable and, in general, that the basic principles of an adequate joint management (for example, the principle of equal treatment of rights owners), be fully respected.” Dr. Mihaly Ficsor

PERFORMER’S TEAM Roadies Choreographer Phonogram Producer Tour Manager Graphic Designer Studio Producer Travel Agent Publicist Make-up artist LawyerAccountant ManagerBooking Agent Photographer Wardrobe Assistant Sound/Lighting Engineer Plugger Visa/Work Permit Agent Freight Agent Merchandiser Webmaster Internet Marketing Director Aggregator

AUTHOR’S TEAM Manager Lawyer Film Score Agent Accountant Webmaster Publisher Music-in-film Agent Internet Marketing Director