A coalition of European artist and label organizations, including the Independent Music Companies Association (IMPALA), has voiced strong support for European Commission action to strengthen performance rights protections worldwide, urging the United States to introduce broadcast and public performance rights and backing a flexible reciprocity framework.
In a joint statement released this week, groups representing independent music companies and performers across Europe, along with counterparts in the US and other regions, said they share a common interest in maximizing artist revenue. They specifically called for adoption of the American Music Fairness Act, which would require US AM/FM radio stations to pay artists and labels when their music is played.
Beyond radio, the statement noted that the US, the world’s largest music market, lacks full public performance rights for music played in shops, cafés and bars, a right already recognized in 142 countries, including all OECD members except the US.
Reciprocity as a lever for global alignment
The groups argued that reciprocity is essential to encourage third countries to align with international standards.
If everyone applies the same rules, there is no issue, but when one country decides not to adopt the full set of rights nationally, other countries are free to limit their implementation to those who do.
They welcomed the European Commission’s intention to confirm the principle of reciprocity through legislation, as indicated by the EU court following the 2020 RAAP ruling. The groups stressed they are not seeking mandatory reciprocity, but a proportionate approach that clarifies applicability while allowing countries with different systems, such as national treatment, to continue.
Momentum from Japan and EU member states
The statement highlighted Japan’s recent copyright law update, which created a public performance right for recorded music, ensuring artists and labels are paid when their records are played publicly. This change also unlocks reciprocal revenues from other territories, demonstrating why reciprocity matters, the groups said.
Within the EU, four member states have already amended their rules following the RAAP ruling and have called on the Commission to propose legislation clarifying reciprocity in EU law:
- Netherlands
- Sweden
- Denmark
- Ireland
A majority of EU countries are now seeking legal clarity and are open to a flexible approach that respects diverse national legal traditions, according to the statement. Feedback from a recent Commission call for evidence showed broad support for a flexible solution to address the anomaly that the relevant EU Directive is silent on reciprocity, despite member states’ reservations to international treaties and long-standing practices. Most organizations representing European artists, labels, and music users, including broadcasters and the hospitality sector, are calling for action.
The groups said they will continue working with partner organizations worldwide to fight for increased protection of rights and remuneration across all markets.
