for advertising or use in a film), the fee due to the performer is generally 50% of the amount received by the producer of the sound recording. For online sales (internet and other), rates are usually between 15% and 30%. For recordings sold in retail outlets (physical distribution), the rate is generally 8%, but it may go up to 12%. The fee is calculated on the wholesale price of every sound recording sold, at varying rates depending on the type of sale. In consideration of the transfer of the performer’s rights, the producer is required to pay a fee for each recording sold. The producer is responsible for promoting the recording in accordance with industry practice. The producer’s function is to produce, at their own expense, a recording containing the artist’s performance, and to promote and exploit the recording. to broadcast their performance by radio, television or similar method, including by wire, as well as to retransmit the broadcast performance by means of technical equipment, the provider of which is not the original broadcasting organization, and to make their performance perceptible when they are broadcast, retransmitted or made available to the public (broadcasting right).to make their performance perceptible in some place other than that in which it was performed, either directly or through any kind of medium, in such a way that persons may access it from a place and at a time individually chosen by them (the right of recitation, presentation and performance, and the right to make available).to offer, transfer or otherwise distribute copies of their performance (right to market or distribution right).to fix their performance on blank media and to reproduce such fixations (mechanical rights).The neighbouring rights transferred by the performer (performance rights) to the producer are the performer’s exclusive rights in their performance. (Photo: Tabea Hüberli)Īn artist’s agreement between a performer and an economic producer (a label, for example) can be defined as the transfer by the performer of their performance rights to the producer for the purpose of producing and marketing a sound recording.
The artist’s agreement regulates the performer’s rights to their performance the publishing agreement on the other hand regulates the exclusive rights of the composer and the lyricist in their work.
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