Re: Performers' Right in Sound Recordings

From: David McConville <id[_at_]calypso-2.oit.unc.edu>
Date: Sat, 17 Dec 1994 09:16:16 -0500 (EST)

On Fri, 16 Dec 1994, Mark Lemley wrote:
>
> Thus, if I play a song in public (over the radio, in a bar, etc), I
> must pay the author of the musical composition for the right to
> perform. This royalty is generally collected by ASCAP or BMI. The
> owner of the sound recording copyright gets nothing -- they are
> presumed to get their fair share of royalties when I bought a copy
> of their recording.

However, if the NII's IPWG's proposals are made into law, this would no longer be the case (at least for digital broadcasts), right? The Working Group proposed that ALL digital transactions be considered reproductions, as well as extending the exclusive right of public performance to musical recordings for digital broadcasts. Do I have this correct? Does anyone know the state of these proposals? (Please excuse me if these questions are redundant of ones that have been asked before).

David McConville                                  
UNC Office for Information Technology     (919) 962-5646
SunSITE Workstation Development Group     http://sunsite.unc.edu/id/

-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+- Received on Sat Dec 17 1994 - 14:23:07 GMT