In the UK, a performer’s right to receive payment from PPL (so-called “equitable remuneration”) now lasts for 70 years from when it is made or released. If a performer dies within that period, the right continues and will be passed to a beneficiary as identified in the performer’s will (or under intestacy law if there is no will, or the inheritance rules that apply in other countries).
When PPL becomes aware of a performer death, PPL actively takes steps to contact the personal representatives of the estates of deceased performers when it can, to make them aware of the potential for continuing PPL payments, but it is not always possible to find out who to contact.
When making or updating a will, please give some thought to expressly identifying the beneficiary of your right to receive a payment of equitable remuneration, whether the income is from the UK or elsewhere. By making such a provision in your will you can highlight this income to your executors, which may further help ensure that these payments are dealt with in accordance with your wishes.
It may also be relevant to consider other performer payments you are entitled to receive in other countries (such as the “blank tape levy” operated in various countries). Even if you don’t mention PPL or your music related rights in your will, what happens to your rights is still likely to depend on your will, if you have one.
Further advice should be sought from the legal advisor who is preparing the will on your behalf. You may also want to consider letting PPL know the details of your executor and making your executor aware of PPL.
If a performer doesn’t make a will, PPL usually expects the performer’s right to receive PPL performer royalties will be part of their estate when they pass away and PPL will need to understand who has inherited the rights under intestacy rules in the UK, or any other legal rules that apply in the country where the performer was resident.
It is important to bear in mind that the UK rights to equitable remuneration and supplementary remuneration are personal rights which, under UK law (CDPA 1988), are not freely transferrable by a performer during their lifetime, so we expect the rights to form part of a performer’s estate.