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[Edward Barrow <edward AT copyweb.co.uk>]

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
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