Performance rights on recordings. Broadcast, streaming.

Neighboring rights general

What are neighboring rights?

In short it is the right of anyone who performed on a recording to receive payment when it is broadcast, played in public or streamed. Although neighboring rights are not identical to copyright, both rights are related hence the term “neighboring”. A very important international treaty protecting the rights of performers is the Rome Convention. The countries who signed and ratified this treaty have largely based their legislation on it. One of the convention’s principles is that countries grant nationals of other signatories the same level of protection as their local artists. However, the rules determining whether a recording qualifies for neighboring rights royalties can differ per country. In some countries the nationality of the artist is relevant, in others the country of recording, the country in which the record label is based, or even the country where the track was released. And then to complicate things even further, there are countries using a combination of rules.

How to collect?

Many countries have neighboring rights societies. On the basis of their arrangements they represent each other’s artists in their country. So in principle, an artist would only need to sign up with one collecting society, and that society would collect the artist’s right worldwide. A great concept in itself, but unfortunately it doesn’t work that well in practice. Because of copyright laws not being fully compatible, flaws and inefficiencies within the inter-society network artists often fail to collect what is due to them. In order to ensure maximum collection result, it is crucial to make sure the metadata for each track are complete and accurate. To give an idea, per track between 30 and 40 data points need to be collected, checked and provided to societies. They also do not all use the same data points. If not done properly, the collection of neighboring rights can easily end up being an administrative nightmare with monies falling off the table unnoticed. Zanoise provides a specialized, hassle-free service to ensure performing artists receive the neighboring rights royalties due to them across the globe.