Understanding Neighbouring Rights

WHAT ARE NEIGHBOURING RIGHTS?

The rights of Producers and Performers are protected as Neighbouring Rights under the Copyright Act of Trinidad and Tobago. It is different from Copyright in that Copyright exists in the composition of a musical work while Neighbouring Rights exists in the sound recording of a musical work. They apply to individuals and legal entities who may not be the original creator of the work, but they enable the work to be enjoyed. Neighbouring Rights resides in the fixation of music, i.e., in a CD, cassette, video, vinyl record, etc. When music is performed live (with absolutely no involvement of sound recordings), there are no Neighbouring Rights, there is only copyright for the performance of the musical composition. However, when the song is played via a CD or any other fixation (even when accompanying a live performance, as with tracks or a dance item to recorded music), Neighbouring Rights exists in the public performance and broadcast of that sound recording.

WHO IS ELIGIBLE FOR NEIGHBOURING RIGHTS?

Performers: Anyone who has performed on a commercially released recording can join COTT as a Performer member. If the recordings on which you’ve performed have been registered with COTT and have been played in public or broadcast on TV or radio, you could be entitled to royalties. Master Rights Owners: A person or business entity who owns the master recording can join COTT as a master rights member. Master rights owners have the right to:

play the recording in public.
broadcast the recording.
to make copies the recording for the above purposes.

As such, master rights owners can be anyone from Producers to self-releasing artists and individuals.

FAQs

WHAT IS A MASTER RIGHTS OWNER?

“Master rights” derives from “master record”, i.e., the original sound recording used for reproduction and distribution. Generally, producers and labels get the master rights when they finance and produce the recordings. However, if you have recorded and produced the song yourself you automatically own the master rights.

Artists who wish to own their master recordings must ensure that they have written agreements with every party involved in the recording process, such as the production company or record label, the recording studio, sound engineers, and any other musicians or bands involved.

Artists, labels, and producers can share the master rights depending on how the recordings were produced and the involvement of the parties in their creation. It is important to clarify the rights to the recordings before they are released!

WHAT IS A PRODUCER?

Traditionally, producers are defined as individuals hired by a record company to plan, direct and execute the production of a recorded music track or music album. A producer would usually handle the budget, direct, and contribute to the recording process and work with the artists and engineers to get the best recording possible.

WHO GETS PAID?

When it comes to Neighbouring Rights, the revenue is shared by the master owner (owner of the sound recording), the featured performing artist, and any non-featured performers (such as session musicians), with the non-featured artists retaining the smallest share. If you’re an artist and you own your recordings, you’ll be able to collect these royalties as both the master owner and the performer.

CAN I HAVE SPLIT MEMBERSHIP FOR NEIGHBOURING RIGHTS?

Split membership for Neighbouring Rights will be facilitated after completing two years of membership with COTT. After 2 years, members can apply for split membership with NR organisations throughout the world.

HOW OFTEN ARE NEIGHBOURING RIGHTS DISTRIBUTIONS DONE?

Neighbouring Rights distributions are done twice per year.

DO I HAVE TO SUBMIT LIVE PERFORMANCE PLAYLISTS FOR NEIGHBOURING RIGHTS? 

If you performed the song without any recorded music neighbouring rights will not apply.

If you performed with the use of the sound recording, then you should submit a performance playlist.

CAN I NAME A SUCCESSOR FOR NEIGHBOURING RIGHTS? 

Yes. Beneficiaries of deceased members including spouse, child, relative, next of kin, or beneficiary under the will of a deceased member can become a Successor member for Neighbouring Rights.

Neighbouring Rights are protected until the end of the fiftieth calendar year following the year in which the performance was fixed in a sound recording or, in the absence of such a fixation, from the end of the year in which the performance took place.

HOW ARE SHARES DIVIDED FOR NEIGHBOURING RIGHTS?

COTT will be guided by any agreement or Notification of Recordings [NOR] submitted. In the absence of such, an equitable remuneration for the performer(s) and the producer(s) shall be paid.

COTT does not get involved in negotiations among rights holders and these must be solidified before registering share splits at COTT.