In view of stringent visa requirements for British acts who wish to tour the US it is now very difficult for new acts to break into America. Even when they do break into America, they find that the US operates beneath acceptable international copyright standards, meaning that bands are not properly rewarded when their music is played in bars and restaurants or on the radio. British Music Rights (on behalf of the creators and music publishers) is working with other UK trade organisations across the music industry to raise awareness of the issues facing their creators and performers and to urge the US to ensure that British music is given a fair deal.

In March the UK industry will be uniting in a week of activities for South by SouthWest 2005. Several trade organisations including AIM, British Music Rights, BPI, PPL and MMF will join together to form a united British contingent and to present a programme of activities which aims to raise the profile of British music across the pond. Whilst the need to showcase acts in America is important there are still several key areas where our US neighbours are not playing ball and we would like to see some movement to address these issues, some of which risk setting precedents for other countries.

Emma Pike, Director General of British Music Rights said: "The US is the primary territory for UK creators and performers and it remains a vital area for British bands to be heard. We are disappointed to see that the US, normally such a staunch defender of IP, is failing to meet international standards on music royalties. This means that European composers and songwriters are not receiving the recognition and rewards they deserve when their music is played in US bars and restaurants - despite a WTO ruling in their favour in 2000. The US should be setting an example to other countries - not opening up the possibility that other countries will follow their lead by flouting the intellectual property whether in relation to music or any other product."

David Arnold, film composer and songwriter said: "America is a key source of income for a huge number of British composers, songwriters and performers. As a film composer a lot of my work originates and becomes financially viable in the American market and I am particularly concerned about the further erosion of our ability to be paid for any of this music which is broadcast in restaurants or on the radio. Indeed, many deals are done with American studios on the understanding that a certain amount of remuneration will come from these sources. It is vital that the US treats British creators with respect and fairness, at all levels, as the British do theirs, to ensure that we continue to see the US as a fair and viable market for our creativity."

Current Issues

British bands struggle to obtain visas for touring the US. Touring is a key part of any band's strategy to break into new markets. The US visa application system for UK musicians is far more stringent, costly and time-consuming than the equivalent process for their American counterparts wishing to enter the UK. It is also more cumbersome than the equivalent process for UK footballers wishing to enter the US.

For further information on this issue contact: AIM - Sam Shemtob - 020 8994 5599

British, and European, writers are losing up to $25 million a year in revenue for the public performance of their music. The European Commission has estimated that European music writers and publishers are losing in excess of US $25 million per annum as a result of the US's ongoing failure to comply with international copyright regulations (the TRIPS Agreement). A considerable proportion of these losses have been incurred by British creators. Despite a WTO judgement against it in 2000, the US has still not amended its legislation to remove a clause which exempts some 70 per cent of US bars and restaurants and more than 45 per cent of shops and boutiques from paying copyright royalties for playing music on their premises. For the last 3 years the US has paid compensation of US $1.2 million to European rights holders but since December 2004 even that has come to an end with no foreseeable change to the law.

For further information on this issue contact: British Music Rights on 020 7306 4446 or email: britishmusic@bmr.org

The US has not granted rights to performers and producers to receive payment for the broadcast and public performance of their works in the US. Throughout Europe and in most of the rest of the world, record companies and performers receive payment when their tracks receive airplay via radio, television and in public places such as bars, clubs, shops and restaurants. In the UK, PPL negotiates licences with television companies such as the BBC, and radio stations such as Virgin Radio, so that whenever sound recordings are broadcast, the relevant labels and performers receive payment for the use of their rights. In the United States, there is no protection for these rights meaning that UK performers and record labels are not recompensed when their tracks are played in public.

For further information on this issue contact: PPL - Jill Drew: 020 7534 1245