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  • From: Edward Barrow <edward AT copyweb.co.uk>
  • To: cc-uk AT lists.ibiblio.org
  • Subject: Re: [Cc-uk] collecting societies and creative commons
  • Date: Tue, 19 Oct 2004 22:09:59 +0100

On Tuesday 19 October 2004 22:13, Bernard Hurley wrote:
> Hello All,
>
> On Tue, Oct 19, 2004 at 09:53:33AM +0100, Paul Brindley - MusicAlly wrote:
> > Just to clarify - it is only the PRS (which administers the performing
> > right) which takes an assignment of rights, not the MCPS (which
> > administers mechanical rights). So there is an issue with existing PRS
> > members who wish to avail themselves of this scheme.
>
> This is interesting. I was under the impression that the PRS considered
> assignment of rights neccessary for them to be able to function
> effectively. However if the MCPS does not require this then may be this is
> not the case. Or is there some crucial difference between administering
> performance and mechanical rights?


Points generally, not in relation to PRS or MCPS:

- Assignment is sometimes desirable to give the acquiring party locus in
enforcement actions, in jurisdictions where only the copyright owner has
locus.
- Otherwise, the commercial issue is exclusivity/non-exclusivity. The
conventional wisdom reactively favours the former, but in my opinion
collective licensing works better when it is non-exclusive.
- in jurisdictions where copyright is an inalienable right of the author,
assignments must be construed as exclusive licences anyway.

--
Edward Barrow
Copyright Consultant
edward AT copyweb.co.uk
***Important: see http://www.copyweb.co.uk/email.htm for important
information
about the legal status of this email




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