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Clean Slate Provision

What you need to know.

Last updated: 07 January 2021

After the fiftieth year following publication of a sound recording, the legislation provides that the producer must pay royalties from exploitation of the recording to all performers who are contractually entitled to them, without deduction regardless of any contractual clauses allowing them to do so.

This means the label is no longer entitled to offset any packaging deductions, marketing costs or advances against royalties payable in relation to the specific recording(s) in question. They still retain the ability to do so against any royalties due from exploitation of other sound recordings covered by the performers contract with them, that are yet to fall into the extended period of copyright.

If you signed a record contract and performed on recordings which were first published between 50 and 70 years ago, you should check any royalty statements you receive to ensure the label has applied the clean slate provision to all qualifying recordings.

If you are not receiving regular royalty accounting from the label, you should contact them with the same question, as it could be that they have not applied the provision and your royalties in relation to the qualifying recordings are being used to offset an unrecouped royalty balance.