Promise and Perils of Sri Lankan Performers Rights

Promise and Perils of Sri Lankan Performers’ Rights: The Royalty Collection in Music � SLS Conference, York, 2015 Gowri Nanayakkara Canterbury Christ Church University

Prelude � • Better remuneration for singers – for recorded renditions through a Royalty Collection Scheme • Remuneration, as an issue in Sri Lankan music? • Does Royalty Collection Scheme promises better remuneration in other jurisdictions? • Perils of such a scheme?

Remuneration, an issue? � • Live performances are often paid performances • Often only for singers • What about lyricists/composers? • Paradoxical to the expectations of the copyright/PRR

Royalty Collection � • The facilitator for IPR holders to administer the various uses of their work by the wider society and translate that into revenue. • An efficient mechanism which otherwise would be a complex and costly process for the copyright/performers’ rights owners.

Royalty Collection � • Interviewee P 13: • "Lennon–Mc. Cartney songs are sung by Tina Turner, Michael Bublé and all these people. Paul Mc. Cartney gets a payment of the sale…Beatles’ songs, you can listen to Michael Bublé and listen to all these young artists, they all sing. They all do recordings and release the album. They go through…there is a certain structure, they operate on. So the royalties are given to the right people and the new artist, they thrive on that. They make money on that. At the same time royalties are paid to whoever the parties concerned. I want a royalty scheme to work like in the West. . . have a proper structure, proper system (where) everything is monitored. There is no proper system (in Sri Lanka), no structure, nothing at all. . . " • US, UK and India

Royalty Collection � • Similarities in other music industries • Mechanisms in existence • Established Collecting bodies • Artists getting paid some royalty.

Royalty Collection - Issues � • Malpractices by the collecting societies • MMC inquiry into PPL (1998) and MMC report (1996) • Undistributed pot of royalty becoming bigger • Forceful nature of enforcement impacting on public as well as the artists • Welsh case • Zip-a-Dee-Doo-Dah

Music Royalty Collection in Sri Lanka � • History • • SLPRS “People who organised these shows outside Colombo had their people looking out for them. They are not to be messed around with. You go and say you have to pay us money (royalty), you would end up in a hospital. This is how it was. ” • Current system? • • Attempts at creating collecting societies Ad hoc royalty pay

Music Royalty in Sri Lanka – Expectations? � • Views on current ad hoc royalty pay: • ‘The way I see it, if you get paid royalties it is a bonus. We are not expecting it. I am not expecting it. ’ • ‘They pay a royalty but it is a very small, negligible amount. So we don’t make a fuss on that. ’ • Royalty pay as a Pension Scheme? • ‘Amaradeva’s songs go on the radio every single day from dawn to dusk. Certain radio stations commence their morning broadcasts everyday with Amaradeva’s Paramitha song. But he doesn’t get paid a situation. ’ P 1

Perils of Royalty Collection in Sri Lanka � • Inherent limitations • Complex calculations and micro-payments • Beneficial for already popular artists • Keeping checks and balances • Country-specific limitations • Recording companies own all rights including the royalty right • May deprive the artists of the current ad hoc royalty pay • Paying royalty to foreign work

Conclusion � • Solution?