Intellectual Property and Copyright Management / ID: 779336

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Идентификатор:779336

Автор: Guna Zucika (4)

Оценка:

Опубликованно: 23.03.2009.

Язык: Английский

Уровень: Университет

Литературный список: 13 единиц

Ссылки: Использованы

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Содержание

Nr.	Название главы	Стр.
1.	Introduction	5
2.	Needful requirements and agreements to be recognized as owner of a sound recording	5
3.	Identification of authors of songs incorporated in the sound recording; their rights and payments	7
3.1.	Qulification of authors	8
3.2.	Setting clearance if separate or joint authors created the songs	8
3.4.	Moral rights of the authors	11
4.	Identification of performers in the sound recording; their rights and payments	12
4.1.	Contracts with identified performers	12
4.2.	Performer rights and royalties	13
5.	Identification of B.Terre’s brother Job in the creation of sound recording and his payment suggestion	13
5.1.	Case study of Latvian band BrainStorm and photographer A.Corbijn	14
6.	Licenses to be needed to receive for usage of other authors’ copyrightable work	15
6.1.	Sample of BBC footage	15
6.2.	Steve Smith‘s poem	15
6.3.	Painting of Lowry	16
7.	Questions to be considered in the songs B.Terre has re-worked other copyrighted songs	17
7.1.	Radical re-working of John Martin song	17
7.2.	The song inspired by Rolling Stones’classic Under My Thumb	17
7.2.	(a) Case study Francis Day v.Hunter	20
7.3.	Suggestions	20
8.	Considiration of lyrics in the songs Cockle Bay Ghosts and Building Bridges	21
8.1.	Case study – Bennie Man	23
8.2.	Case Study – Swedish rap band	23
8.3.	Suggestions	23
9.	Advisable recording deal between B.Terre and Fair Trade Records	24
10.	Conclusions	25
11.	Bibliography/References	26

Фрагмент работы

B.Terre with the help of her parents and recording studio owners has recorded an album Ethnical Living with original songs. Besides original material B.Terre has co-written with other authors the sound recording contains sample from British Broadcasting Corporation (BBC), spoken words by people, sonic collages compiled from recorded natural sounds, spoken poem by Steve Smith. Other people’s copyrightable works has inspired two of the songs on the recording. There is an idea to make a pastiche of Lowry painting as cover for the album sleeve. Record company Fair Trade Records has showed the interest in the sound recording of B.Terre and there is possibility the recording can be released commercially. Fair Trade Records believes the work of B.Terre is potential winner of Mercury Prize that is annual music prize awarded for the best album from the United Kingdom or Republic of Ireland. B.Terre insist she will be doing the deal with record company only if she is able to keep copyrights of the sound recording. At this stage due to lack of finance B.Terre has not paid for the work of other people.

1.0.Needful requirements and agreements to be recognized as owner of a sound recording.

To understand the needed actions B.Terre has to make to be recognized as the owner of sound recording we have to consider that „the CDPA distinguishes between the concepts of authors and owners. The person who is the author of a piece of music which is capable of copyright protection may not always be the owner of the copyright.“ (Lipton, 2000, p 12)

According to CDPA „section 9 (1) provides that the „author“ of a work is „person who creates it“. In the case of sound recording the „author“ under section 9 (2) (a) is the producer. The producer is defined in section 178 and means the person who makes the necessary arrangements for the creation of the sound recording.“ (Lipton, 2000, p 12)

In B. Terre situation at the moment „producers“ of her sound recording are her parents as they have paid five thousand pounds and recording studio owners, which have given studio time of the value of fifteen thousand pounds for the recording and have not yet paid for the service provided. …

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