The Digital Media Project

Source

Philip Merrill

Title

TRU #40 of respect for performance royalties terms and conditions

No.

040511merrill02

 

Name:

Philip Merrill

Affiliation/additional information:

Active Contributor, Pasadena, California

Date submitted:

2004/05/11

 

#

Criteria

Description

1.

Name of TRU

Right of respect for performance royalties terms and conditions

2.

Summary description of TRU

Part of the trio covering what users and consumers are bound by - in terms, conditions and legal liability - when transactions are made by sale, performance or resale. In this case of performance, it is extremely likely that the user or consumer has absolutely no idea as to what the legal doctrine of "performance" is, how it applies to them or how revenues are shared between collective management societies, publishers, songwriters and artists (recording "covers").

3.

Use records of TRU

A good example of performance is a consumer of radio broadcasts hearing a famous artist sing a song written by somebody else. A feast of legal TRUs are presented by this - a smorgasbord that may or may not have to be addressed with granularity. Many or all uses of Digital Media on the Internet amount to "performances" if someone engages in real-time consumption of the DM. The legal implications of this are normally utterly unknown to the consumer/user.

4.

Nature of TRU

Legally supported but mostly only used by music publishers when there are significant economic damages at stake - this is sort of a high-stakes kind of TRU. It's also kind of a high-flying TRU in that the international definition of a performance was part of what TRU communicate to the public and TRU technological access restrictions were built (in WIPO treaty negotiations) to avoid. The rule of thumb is that paying off whatever people or groups (reasonably and justifiably) believe they are entitled to a share of revenues makes sense, so as to avoid trouble later.

5.

Benefits of TRU

Music publishers.

6.

Possible digital support

It is debatable how the word "performance" should carry forward into the DMP DM model, although it clearly relates to concerts of another composer/songwriter's work. Perhaps this issue is external to the sort of content exchange channels and transactions DMP will support. On the other hand, ease of licensing the right to perform a composition by someone else is already the sort of commercial use DMP has been envisioning (within the scope of the value chain).

7.

Requirements

DMP DRM shall support the straightforward communication of terms and conditions (a knowing, consensual agreement) pertaining to the user's use of digital media content.