Following a consultation from January to March 2024, the UK government today announced its decision to implement a mechanism to extend public performance rights (PPR) to foreign performers without changing the rights for foreign producers. This adjustment aims to ensure UK law aligns with international treaties, addressing a discrepancy where some foreign performers, under treaty obligations, should qualify for PPR but currently do not in the UK.
The announcement states that the mechanism will “provide PPR to performers on the same terms as at present, except to additionally provide these rights to performers where the producer of the sound recording of their performance is a national of the UK or certain other countries, including any country that is party to the Rome Convention.”
It remains to be seen exactly which these “certain other countries” will be. Will this include the US? Presumably not, since this consultation option was rejected.
Another observation is that the government will be implementing an option that wasn’t included in the consultation.
The government says that this limited change is expected to have minimal economic impact on the UK creative sector and will provide foreign performers equitable remuneration when their performances are broadcast or played publicly in the UK.
It is unclear when this change will be implemented. The government plans to introduce legislation to enact this change, and the exact commencement date will depend on the legislative process.