Under domestic and foreign hometaping laws, a “Featured Recording Artist” and a “Sound Recording Copyright Owner” are entitled to receive royalties to compensate them for the sales lost due to hometaping. Both domestically and abroad, the procedures for collecting these royalties are complicated and time consuming.
How do I know if I am a “Featured Recording Artist”?
A recording artist, whether a solo performer or a performing group, is “featured” on any recording where that artist is identified most prominently in print or otherwise on the sound recording.
What does it mean to be a “Sound Recording Copyright Owner”?
The US Audio Home Recording Act of 1992 (AHRA) defines an SRCO as the party, under US Copyright Law, who owns or controls the exclusive right to reproduce the sound recording or authorize others to do so.
Why should I sign up with AARC?
Under AHRA, to qualify for royalties a party must annually file a claim and other legal papers with the Copyright Royalty Board, engage in settlement negotiations, and if no settlement is reached, take part in an administrative trial. Taking part in the US proceedings can be burdensome for individual claimants, in terms of the time, legal and procedural costs. To alleviate these burdens, AHRA permits claimants to designate a common agent, such as AARC, to administer their royalties.
Once you sign up with AARC, we will annually file your claim and represent you in every aspect of the AHRA proceeding, including settlement negotiations. AARC has a perfect record of negotiating settlements and receiving at least 98% of the Sound Recordings Fund royalties every year since AHRA came into effect. By targeting settlement rather than litigation, AARC minimizes the costs of collecting the royalties thereby maximizing the royalties available for distribution to you.
To facilitate the royalty distribution process and to ensure its fairness, AARC contracts with SoundScan for the annual sales data we are required by AHRA to use in allocating hometaping royalties. The SoundScan system registers point-of-sale information on albums and singles from record retailers, e-tailers and others. The SoundScan system provides comprehensive, cost-efficient, and accurate title-specific point-of-sale information on record sales.
AARC can also represent you before foreign collectives and government entities administering hometaping and rental/lending royalties. Many countries have hometaping laws that entitle featured recording artists and record companies to royalties. Additionally, although rental of sound recordings is not permitted in the US, it is permitted in other countries. In these countries, royalties are collected and featured recording artists are entitled to receive them as compensation for the sales lost due to rental.
These foreign laws and regulations, however, include complicated procedures and data requirements to qualify for the royalties. AARC will represent you in every aspect of these proceedings, including filing all the necessary paperwork and data with the foreign collective and/or government entities.
By signing up with AARC, you:
- Eliminate the need for time-consuming and costly individual filing and prosecuting of US claims;
- Minimize government and arbitration costs, and expedite payment of royalties by settling proceedings;
- Reduce the number of controversies needing resolution before the Copyright Royalty Board, thereby minimizing government and litigation costs, and expediting payment of royalties;
- Ensure that your rights are protected abroad with regard to hometaping and rental royalties;
- Reduce your costs of collecting hometaping and rental royalties through centralized, common administration and data collection;
- Ensure that your royalty distribution is based on accurate and industry respected data; and,
- Become part of an organization that looks after the long-term interests of featured recording artists and sound recording copyright owners.