Re: MP3

From: David Basskin <dbasskin[_at_]mail.cmrra.ca>
Date: Fri, 5 May 2000 10:27:51 -0400

On Thu, May 04, 2000, Stuart Gibson <s.gibson[_at_]cornwalls.com.au> wrote:
>
> I have a client who wishes to act for various record companies in
> licensing content to MP3 companies.
>
> Does she require the consent of composers and the collecting
> societies in order to do so?
>
> Under Australian copyright law the owner of sound recordings has of
> course the right to make reproducions -- is MP3 use a reproduction?
>
> I would be most appreciative of any feedback

An MP3 version of a sound recording is unquestionably a reproduction of that recording, as well as a reproduction of the underlying musical work. If the musical work is protected by copyright, then your client must obtain the right to make such reproduction from the owner of the copyright in the work or the owner's agent. Failure to obtain such consent would constitute infringement of the copyright in the musical work.

You should contact the Australasian Mechanical Copyright Owners Society (AMCOS) at (61) 2-935-7934 or http://www.apra.com.au/Amcosweb/Index.html to discuss this issue further.

David A. Basskin
President
CMRRA Ltd.
Toronto, Canada
<dbasskin[_at_]mail.cmrra.ca> Received on Fri May 05 2000 - 14:29:48 GMT

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