Cc-uk mailing list

[Bernard Hurley <bernard AT fong-hurley.org.uk>]

On Tue, Oct 19, 2004 at 10:09:59PM +0100, Edward Barrow wrote:
> 
> 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.

This may be so, but I still don't see why the PRS requires members to assign
the performance rights of ALL their works.  After all a PRS member might
wish to publish his/her piano prelude unders a CC licence in the hope that
this would create the audience for his/her symphony.

It still puzzles me that the MCPS does not require an assignment of rights.
Not being a lawyer, I can't see any significant differences between
performing and mechanical rights that would account for this. The traditional
reason given for joining a collecting society is that this is the ONLY way
for a member to make any money. I am not sure that this was ever true, but
I am certain it is not true today. As CC licences become more common,
more and more prospective members of collecting societies may feel that
assignment of rights is too high a price to pay. So it is in the societies'
own interests to address these issues and it is better to do it sooner rather
than later.  As Paul Brindley pointed out it would be a good idea for
someone "official" to get in touch with the PRS/MPSC alliance, and maybe
other collecting societies too.

Regards,

Bernard