Mudcat Café message #2046845 The Mudcat Café TM
Thread #101458   Message #2046845
Posted By: Richard Bridge
09-May-07 - 05:43 AM
Thread Name: Bright Phoebus/Watersons/Bulmer
Subject: RE: Bright Phoebus/Watersons/Bulmer
Make that "proper royalties" - there are three sets of rights involved: -

1. The copyright in the sound recording -
2. The copyright in the songs/tunes/arrangements -
3. The performers' rights (nowadays called "recording rights" - very confusing) under S. 180 to 190 CDPA, and the reproduction right and distribution right there mentioned. IMHO these are the ones the performers are best placed to recapture, since in general the consent of the artist to the doing of the protected act is a defence to the person doing the act, in general leaving a person who alleges he still owns exclusive rights to the exclusion of the artist to sue the artist in contract - a chain of title Mr B might find hard to establish and assert in court.