Can Producers Claim Royalties On Records They Performed In?

Producers will be deemed to have performed on a sound recording if they contributed an audible performance (such as playing an instrument or singing); or if they conducted or musically directed an artist’s live performance as it was being recorded.

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However a producer will not be deemed a “Performing Producer” when he/she makes alterations to a track after the recording has been made, such as edits or remixes (unless these new versions involve new audible performances).

When the contribution to a recording by the Performing Producer is audible, the producer can make a claim (with PPL in the UK) choosing from the categories ‘Featured’, ‘Non-Featured’ or ‘Other Featured Performer’. On the other hand inaudible contribution are always registered under the ‘Non-Featured Performer’ category.

“Performing Producers” may not qualify for remuneration in every territory; however if PPL receives an international mandate from producer to collect royalties it will enable them to claim monies overseas in territories where a Performing Producer is not entitled.

In any case, if the linked sound recording is publicly performed or broadcast by music users in the UK, then the producer will be entitled to equitable remuneration (assuming the producer qualifies under UK law for equitable remuneration).

 

EVIDENCE

It’s best practice for artists and their producer  to agree on percentages of contribution to a recordings using contract like this one.

If a producer was not linked to the sound recording in the PPL Repertoire Database at the moment of registration they should submit “Performing Producer” claim. PPL may contact the Featured Performers on the relevant recording to verify that they agree with the claim. It therefore helps PPL to process a claim more quickly if confirmation from all the Featured Performer(s) is submitted along with the claim.

 

Image credit: Trausti Evans