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ID number:779336
Author:
Evaluation:
Published: 23.03.2009.
Language: English
Level: College/University
Literature: 13 units
References: Used
Table of contents
Nr. Chapter  Page.
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
Extract

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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