Re: Performers' Right in Sound Recordings

Thanks to Mark Lemley for his cogent response to my post. I understand that there is *no* performance right in sound recordings. In fact, that was the point of my post, and it was prefaced with a "In theory" which I obviously should have highlighted.

I was interested in how a performance right would work administratively IF ONE EXISTED in the US (which it *does not* as we know). Particularly in light of the recent WIPO talks which Seth Greenstein has been so good about summarizing and forwarding to us, and Congressional legislation, such a right does not seem to be completely dead in the water.

Would we expect to see it adminstered by an ASCAP-type group? An ASCAP would collect the royalties from each airplay and funnel them back to the performers/record company? And such a right would imply that IN THEORY the performers could veto the airplay of their records in certain public places?

scott fedewa
stanford law school
<fedewacs[_at_]leland.stanford.edu> Received on Sun Dec 18 1994 - 20:39:09 GMT