Legal Question in Entertainment Law in United Kingdom
backing vocals rights
I sang the backing vocals on a demo
which subsequently was used in an
album and as the b side to a single
both of which have gone platinum. I
never signed any buy out agreement
nor received anything for the actual
demo recording itself. The record
company have now contacted me
and offered me a Musicians Union fee
buy out, which isn't much
considering this album has sold
100,000s of copies worldwide - am I
entitled to anything more? I am
listed on the album and single b side
as the backing vocalist.
2 Answers from Attorneys
Re: backing vocals rights
Assuming that your singing was technically a performance unde Copyright Law (CDPA) your contibution should qualify as a performers� property rights under sections 182A and 182B of the CDPA. Section 182A provides that a performer�s rights are infringed by a person who, without the performer�s consent, makes a copy of a recording of the whole or any substantial part of a qualifying performance (the �reproduction right�). Section 182B provides that a performer�s rights are infringed by a person who, without the consent of the performer issues to the public copies of the whole or any substantial part of a qualifying performance (the �distribution right�).
Consent normally must be in writing so you could hold out for much more as they will want you to sign a release.
Re: backing vocals rights
If you are a member of the Musician's Union, you may already be bound by a collective bargaining agreement. Check with the Union.
If you're not a union member, you can certainly negotiate your price.
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