Editorial

The Guild for Maltese Composers, Authors, Singers and Musicians (UKAM) complains that its members are being given a raw deal by the Performing Rights Society (UK) when it comes to the payment of royalty fees collected from local TV and radio stations. The situation has now reached a stage where the UKAM says it will ask the authorities to revoke a licence allowing PRS to collect royalties in Malta.

Songwriters, musicians and singers enrich popular culture in Malta. They are important players in the social life of the country in which they perform. Like any other owner of intellectual property, they have a right to have their work protected through the payment of royalties.

The UKAM website explains the reasons behind the dispute they have with the PRS. They feel that, in the past, they were taken for granted and that even now they are not being adequately compensated because the PRS is short-changing them despite the fees it collects.

The PRS has tacitly acknowledged that it is unhappy with the amount of money paid to local artistes but maintains that this is mainly the fault of local TV and radio stations not paying the royalty fees. The collecting agents claim that only 12 radio and TV stations out of 29 are paying their licence dues, adding that they expected the situation to improve.

The PRS also insists it is following the established practice by distributing 52 per cent of the collected fees to local artistes, keeping 26 per cent administration fees for itself and forwarding the rest to foreign artistes whose music is played on local radio and TV stations.

There is also disagreement on the actual amount paid to artistes in Malta since 2007. The PRS claims it forwarded €175,000 but the UKAM insists that only €87,000 were paid.

Even if an ultimatum set by the UKAM has now expired, there is still time to clear the air between the artistes and the collecting agents and discuss the issue. The PRS gives the impression it is not so interested in continuing with the present arrangement. In fact, Liam Donnelly, senior manager of the PRS's international relations department, said that "it would be willing to help local songwriters set up their own collecting agency".

The size of the local market may not make the task of collecting royalty fees that profitable for a company that is used to dealing with a much bigger turnover.

The UKAM was perhaps more practical in defining the basis of a fairer system that would satisfy its members' aspirations. On its website, the UKAM insists that "a fairer treatment can only be achieved with transparency, education, fair tariffs, monitoring structures and, ultimately, a rightful distribution". One can hardly argue that this is not a sensible approach. The UKAM goes further and insists that the PRS should publish detailed accounts of its local deals. It also strongly suggests that the PRS should lower its 26 per cent administration fee.

The protection of intellectual property rights has always been a sore point in the relations between artistes and law enforcement agents. The owners of these rights are protected by both EU and Maltese copyright legislation. What is lacking is strict monitoring and enforcement.

While many foreign artistes may not bother to take action in Malta to protect their rights, local artistes are rightly clamouring for a fairer deal. A complete revision of the arrangements between the UKAM and the PRS is the only way that can guarantee a fairer treatment to artistes in Malta.