AUDIO AND VIDEO RECORDINGS
The purpose of this information page is to set out clearly and simply the most relevant information about audio and video recordings made during weddings, funerals and church services with respect to organists’ and other musicians’ fees. It does not constitute professional legal advice, but could be used to facilitate discussion and negotiation if there is any uncertainty about such fees.
a)
The
Designs, Patents and Copyright Act (1988) provides for musicians to be paid an extra fee if their performance is audio or video recorded. This applies to both amateur and professional recordings and amateur and professional musicians.
b)
The size of this fee is not determined by law but is a matter for negotiation**.
c)
The law also provides that written permission of the performers should be obtained before making any recording. This may, in some cases, be impractical but, if so, verbal permission should be obtained before a recording is made.
d)
Wedding couples or churches may obtain a
Limited Manufacture Licence from the
Performing Rights Society. This licence covers the copyright, where applicable, for any CD music captured on the recording. It does NOT cover the performance of any live musicians present.
Further information is available from:
The Incorporated Society of Musicians
www.ism.org - 020 7629 4413
The Royal College of Organists
www.rco.org.uk - 05600 767208
The Royal School of Church Music
www.rscm.com - 01722 424848
The Musicians Union
www.musiciansunion.org.uk - 020 7582 5566
The four statements, a) - d)
have been checked over by a legal expert
in this field who said they
"accurately set out the position”.
**The Incorporated Society of Musicians recommends that for audio recordings,
a 50% increase of the basic fee is paid, and for video recordings, a 100%.
**The Musicians Union recommends a flat rate extra payment, whatever the basic fee may be.