Re: Performers' Right in Sound Recordings

Eugene Volokh said:
>
> There is no performance right in sound recordings -- sound
>recordings may be publicly performed without the permission of the
>owner (though the permission of the composer is necessary).

As I understand it, the "owner" of most sound recording copyrights is the record company that underwrote the recording project. In theory, wouldn't a "performance right" probably mirror the rights you allude to that the composer/writer has and remain vested in the performers despite the record company's ownership of the master rights in their performance? (Which, if they remained unalienable as writer's rights seem to be, would mean that permission would also be required of the performers before public broadcast?)

Also, when you state that the "permission of the composer is necessary", are you referring to the fact that although permission to broadcast sound recordings is almost never witheld, broadcasters must pay royalties to the performing rights societies (ASCAP/BMI/SESAC)? Or is there another right mixed in there?

> There is, though, a reproduction right; sound recordings can't be
>physically duplicated without the copyright owner's permission.

Here you are clearly referring to the record labels in most cases, yes? Do the composers/writers get paid royalties on the copies produced and sold by licensees (assuming they didn't also perform on the recording) or do they just wait until their songs are broadcast for payment (i.e., from ASCAP)? Or is this where compulsory/mechanical licenses kick in to provide X cents per copy reproduced to the writer (and his publisher)?

>Soundalikes, though, are OK.

This is because the copyright owners really own only the rights in the versions of the songs performed by their artists, not in all expressions of that song. However, shouldn't soundalikes be licensed by the writer/composers also (assuming they weren't parodies or commentary, etc.)?

scott fedewa
<fedewacs[_at_]leland.stanford.edu> Received on Thu Dec 15 1994 - 17:18:37 GMT