Out-Law / Your Daily Need-To-Know

Music samples to be credited, says Patent Office

16 Aug 2005, 9:36 am

The UK Patent Office has issued guidance in respect of new rules that will introduce moral rights for performers, with the result that, from February, artists who use samples from other songs or music in their own performance must credit those responsible for the sample.

The rules create two new rights for performers, who are defined as those giving a live public performance, a performance that is broadcast live, or a performance of which a sound recording is made and thereafter made available to the public.

These rights are:

the right to be identified as the performer in a performance, although the performer must first assert the right, in writing, before he can rely on it, and
the right to object if changes to the performance prejudice the performer’s reputation.

These rights, like copyright in sound recordings and broadcasts, will be protected for 50 years after the performance or the year of publication of the performance.

The new rules are due to be laid before Parliament shortly, and are intended to bring the UK into line with provisions of the 1996 WIPO (World Intellectual Property Organisation) Performances and Phonograms Treaty.

The rules will amend the Copyright, Designs and Patents Act 1988, and will be similar to the existing moral rights currently enjoyed by authors. They will come into effect on 1st February 2006, and will not be retrospective.