[Fmpro] Simple Hello

[Lynne T. Conte]

OK Les,

Your question is worth researching for all parties involved, music composer
and his/her representation.  This will be a strong conversation to protect
the music composers and to do what is best legally and ethically.  I will
research more on Arts Law to seek further legal.

To answer your question, "How do you propose to track & protect performers
rights on a global basis?"  To track and protect performers rights on a
global basis, you first need to stand up for your rights, a good contract
and lawyer needs to be implemented.  Being proactive and insisting on
protecting your rights, unless you waived your rights in the contracting
stage, international law allows you the right to know exactly when and how
you have been used in any media.

** *"Main article: Performers'
rights<http://en.wikipedia.org/wiki/Performers%27_rights>
*

The protection of performers is perhaps the strongest and most unified of
the related rights. It is not difficult to accept that a performer
(musician, actor, etc.) has an intellectual input in their performance over
and above that of the author of the work: as such, many countries grant moral
rights <http://en.wikipedia.org/wiki/Moral_rights> to performers as well as
the economic rights which are covered by the Rome Convention (Arts. 7–9),
and the rights of paternity and integrity are required by the WPPT (Art. 5).
Performers' rights should not be confused with performing
rights<http://en.wikipedia.org/wiki/Performing_rights>,
which are the royalties <http://en.wikipedia.org/wiki/Royalty> which are due
to the composer <http://en.wikipedia.org/wiki/Composer> of a piece of music
which is under copyright in return for the licence (permission) to perform
the piece in public: in other words, performers must pay performing rights
to composers. Under the Rome Convention (Art. 7), performers have the right
to prevent:

   - the broadcast or communication to the public of their performance,
   unless this is made from a legally published recording of the performance;
   - the fixation (recording) of their performance;
   - the reproduction of a recording of their performance.

The WPPT extends these rights to include the right to licence:

   - the distribution of recordings of their performance, for sale or
   other transfer of ownership (Art. 8);
   - the rental of recordings of their performances, unless there is a
   compulsory licence scheme in operation (Art. 9);
   - the "making available to the public" of their performances
   (Art. 10), in effect their publication on the internet.

Article 14 of the Rome Convention set a minimum term for the protection of
performers' rights of twenty years from the end of the year in which the
performance was made: the TRIPS Agreement (Art. 14.5) has extended this to
fifty years. In the European
Union<http://en.wikipedia.org/wiki/European_Union>,
performers' rights last for fifty years from the end of the year of the
performance, unless a recording of the performance was published in which
case they last for fifty years from the end of the year of publication
(Art. 3(1), Directive
93/98/EEC<http://en.wikipedia.org/wiki/Directive_93/98/EEC>
)"

(http://en.wikipedia.org/wiki/Related_rights#Performers)


Enough for now, these are the types of questions I like to see & research to
conduct and represent business for a happy situation, to do what is right
legally.

Musically Yours,

Lynne T. Conte/Talent Manager
Conte's Networking Communications
1-707-440-2900



On 5/4/07, leshurdle <leshurdle at avradionet.com> wrote:
>
> Hi Lynne,
>
> How do you propose to track & protect performers rights on a global
> basis?
>
> Les
>
>
> On May 4, 2007, at 1:36 PM, Lynne T. Conte wrote:
>
> > Hello to everyone who is on the fmpro list.  Just want to introduce
> > myself as Lynne T. Conte/Talent Manager owner of Conte's Networking
> > Communications here in Eureka, CA.
> >
> > As manager for artists and representative for composers, I am here
> > to participate in any concerns anyone has and enjoy researching the
> > answers if needed.
> >
> > Musically Yours,
> >
> > Lynne T. Conte/Talent Manager
> > Conte's Networking Communications
> > _______________________________________________
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-- 
Lynne T. Conte/Talent Manager
Conte's Networking Communications
1-707-440-2900