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Performers have had the right to collect revenue from public performances of their recordings in the United Kingdom since December 1996.  Phonographic Performance Limited (“PPL�) collects money from any person that plays sound recordings publicly in the United Kingdom, and then distributes the monies collected to registered performers and “performing producers�.  PPL defines a “performing producer� as “a studio producer who makes a performing contribution whether audible or inaudible to the live performance which is [recognized] as a performance by the Contracted Featured Performer(s) on that track..�  Performing producers were entitled to begin collecting performance royalties as of December 1, 2001.
 A performing producer is a studio producer who contributes an audible performance (e.g., plays an instrument or sings) or an inaudible performance (conducts or musically directs the live performance as it is being recorded).  Edits, remixes or other reworking of a recording after the initial mix has been made will not qualify for the performance royalty unless these new versions involve new audible performances.
REGISTERING TO RECEIVE PUBLIC PERFORMANCE REVENUE
Step 1.  In order for a performer to qualify to receive royalties in the United Kingdom, one of the following two conditions must be satisfied:
a) The performer was a citizen or resident of a “qualifying territory� at the time the recording was made; or
b) The performer appears on a track that was recorded in the United Kingdom or any other qualifying territory.

A qualifying territory is essentially any country other than the United States.
Step 2.  If a performer satisfies the conditions, then the performer is entitled to register to receive royalties in the United Kingdom.  Performers must register with PPL, either through the Internet at http://www.performersmoney.ppluk.com or through the PPL office. Online registration requires searching through a list of performers’ names.  Once a performer’s name is selected, the performer has the option to register with one of the following organizations that distribute revenue:
1) PRC (a division of PPL’s distribution department);
2) AURA; or
3) P@MRA.

The steps required to register with AURA or P@MRA are explained on the PPL website.  Registering with PRC can be accomplished by filling out a Performer Registration Form online. This registration process will allow the performer to obtain a performer identification number (“PID�). 

Step 3.  After the performer obtains a PID, the performer will be able to make claims against previously released active recordings on which the performer performed and provided the necessary supporting evidence (see Step 4). 

Step 4.  Once the Performer Registration Form is completed, it must be submitted to the PRC office with documentation that proves the identity of the performer.  If a performing producer is submitting the form, it must be accompanied by one of the following forms of support:

1) Evidence of a contract or royalty statement entitling the producer to royalties calculated on the same or similar basis as those paid to the featured performer;

2) Evidence of a contract requiring the producer to produce an initial performance which is artistically and musically satisfactory, or any other evidence which the producer may show which satisfies the criterion of a performing contribution; or

1) A certification letter from one or more of the contracted featured performers who performed on the recording, or the record company to which they are contracted.  A draft certification letter can be found at http://www.ppluk.com/ppl/ppl_fd.nsf/homeframer?openform&PG=Info

NOTE: If at least two featured performers (or one if there is only one on the track) dispute a performing producer claim, that share will be withheld until the matter is resolved between the performers on the track or by the Performers Forum arbitration panel.

For future recordings, producers should submit a “Studio Recording Form� available in pdf format on the PPL website at http://www.ppluk.com/ppl/ppl_fd.nsf/homeframer?openform&PG=Info.

 

Chris Castle is a music attorney in Los Angeles where he represents artists (including KOAR fav 10 Years), producers, music industry executives, songwriters, independent publishers and record companies, and technology companies.  Chris is a contributing editor to Entertainment Law & Finance and writes the Music-Tech-Policy blog (http://music-tech-policy.blogspot.com/).  He is on the board of directors of the Austin Music Foundation and moderates the digital panel at SXSW.  Before law school, he was the drummer for Jesse Winchester, Long John Baldry and Yvonne Elliman.

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