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Neighbouring Rights for Concert Promoters
07-Dec-2011It was reported recently that the German Association of Concert Promoters (BDV) have applied to set up a new collection society to collect revenues due as a ‘neighbouring right’ which arise from recordings made at live events. The BDV plans to negotiate with broadcasters, record labels and other users of live recordings to set tariffs to compensate event promoters under Section 81 of the German Copyright Act.
Neighbouring Rights or related rights are rights which extends the concept of copyright protection in an author’s original work, such as:
- The rights of performers to give or withhold consent to the exploitation of their performances, and
- The rights of producers of sound recordings and films to give or withhold consent to the reproductions of their recordings or films; and
- The rights of broadcasters or cable programme makers to authorise or prohibit the use of their programmes.
’Neighbouring rights of the concert promoter’ was identified as an overlooked potential revenue stream from Germany where it seems possible that those who stage events which are filmed or recorded (anywhere in the World) could collect a royalty if the recording of that concert is then exploited in Germany.
So, promoters from all over the world have a right to pcollect in the revenues made by the commercial exploitation of recordings of their concerts in the German market, regardless of where in the world the concert was performed.
In addition to selling tickets and merchandise, the concert promoter’s financial motivation is increased because there is an additional revenue stream to recoup their initial investment.
There are a number of hurdles to overcome before this law is exploited on a wider scale. If you would like to explore ‘neighbouring rights’ as a potential revenue stream contact entertainment and media lawyer Rudi Kidd
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