on 22/5/02 11:06 AM, Fred Heutte at [EMAIL PROTECTED] wrote:

> I think the deal here is that the copyright would be in the "sound
> recording rights" not the song "publishing rights".
> 

no....it would be publishing rights as we are talking about a the underlying
intellectual property rights within a composition. although it would
probably be a fair argument that DNA is something that is in the public
domain. I suggest these scientists could probably own the copyright of an
ARRANGEMENT of a work in the Public Domain.

> But it's a murky area and one thing we know is that whenever copyright
> or other intellectual property rights are involved, systems designed to
> protect the creator, performer and audience often end up being tilted
> toward the intermediaries who add no value at all to the music, art,
> photo or writing itself.
> 

this may be true of record companies (they own sound recording) who don't
own any intellectual property within compositions. ie they only own the
master tape and rights relating to its reproduction/transmission.

your sweeping generalised statement is completely untrue when it comes to
the intellectual property holders of a musical work. Publishers and
copyright societies representing composers of music add value to it by
promoting legitimate use, compensating the creator appropriately when the
work is exploited and taking action when a musical work is exploited without
the appropriate permission. don't mistake the recording industry with the
publishing industry...they are worlds apart in respect of size,
representation and ethics.

rc  



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