[Fmpro] Selling off
JJB
onephatcat at earthlink.net
Thu Feb 15 21:15:22 GMT 2007
Wouldn't the representative be liable for selling something he/she
doesn't own, and owe you the sales even if the rep isn't getting any
money for them? If I license something from you and re-license that
content to someone else in a way that violates the original contract,
isn't that money I will owe you?
Joel
>
> Even if you have a contract which entitles you to
> mechanical income from sales, what happens when your
> representative 'sells' that right away?
> What happens when broadcasting shifts from
> transmission to transfer and the public pays to
> receive a TV show etc. on demand, and the language [as
> per WIPO years ago] is* 'the purchase of 'product' is
> considered a one to one license between the vendor [TV
> station, iTunes etc] and the end user'.
> Which makes the 'broadcast' a sale, a purchase, a
> mechanical transaction, only.
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