[A2k] Question for Paris Accord, regarding uses of music performances and films in other works

[James Love]

Today there are huge problems in addressing copyright clearances for
using music in new musical works,  music if films, films in films,
etc....

Article 27.2 of the Declaration of Human rights says that authors can
protect their moral and material interests in certain works.   To
what extent should the Accord address the ability of creative
communities to use create works of others, to make new creative works?

To me, this is quite important to address.

In my view, authors and performers of music should have some say over
the use of their works in commercials selling products (candidates?),
but when works are used in new creative works, their interests are
narrower..... I don't think they should expect to be paid when works
are used in strictly non-commercial ways, but they would have some
expectation to benefit economically when works are used in some
commerical ventures.  But here, I don't find the exclusive rights
model as interesting as one of compensatory liability..... where you
can use works, so long as a certain percentage of your revenue stream
is shared with the persons whose works you have used, without
permission.

If you look at youtube, myspace, google video, etc.... (works created
by amateurs, but hosted by firms that that sell ads), it would seem
that copyright owners might want to share in the revenue stream from
the site, but not restrict the ability of the amateurs to create the
works and share them.

Addressing also the problems facing documentaries, commentary, etc,
are quite important, in terms of making sure that works can be used,
without these absolute requires to clear rights of works used in new
works.

Jamie

---------------------------------
James Love, CPTech / www.cptech.org / mailto:james.love@cptech.org /
tel. +1.202.332.2670 / mobile +1.202.361.3040

"If everyone thinks the same: No one thinks."  Bill Walton