NBC: No More Notation for Registration
The National Bureau of Classification (NBC) held a meeting today to discuss changes to the registration process for original music. The discussion focused on whether or not, to remove the current requirement of submitting music notation for the registration of original compositions.
Under the existing model, musicians have to submit their works in music notation along with the lyrics. This had proved difficult for most musicians as only a small percentage of musicians work with music notation. Hence, it is now considered to be more of a hindrance to original creations, compared to the benefits of interests that it is aimed to protect. Furthermore, some limitations of Western music notation was also considered.
The general consensus of opinion among the attendees was that the requirement to submit music notation should be made an option, rather than a necessity. If implemented as such, it will have the support of a lot of musicians currently facing difficulties in registering their compositions.
In addition, the current process’s relationship with the Copyright Regulation (which is still a draft) was also discussed. It is expected that once the Copyright Regulation comes into effect, it will for the first time provide a reasonable framework to protect the interests of musicians (and other works by their authors). A lot of other rules and regulations would have to function at par with the Copyright Regulation for it to yield a good result.
The current registration process is perhaps the only framework currently in existence to prove ownership in cases of dispute for musicians. However, some musicians have opted to get their works produced and registered out of Maldives, where copyright laws are applicable (either regionally or internationally) and import them as individual products for sale. Then there are others who feel that this registration is for the purpose of censorship and wish remain outside the system, to have their works distributed via underground or personal networks.
December 26th, 2007 at 06:40
A registration confirms the rightful owner. But my concern here is that people have registered musical works on their names by presenting a general statement from the true author (songwriter or composer). Such cases might have assigned moral rights to others and this could become serious issues once a proper legal system is implemented. I suggest that NBC should identify and categorize these registrations in some manner.
It is important to decide whether the registration is for moral rights or any other. If moral rights than perhaps the only person eligible is the true author (songwriter or composer) and in some instances the author’s beneficiaries. And as long as the work is in tangible form, for example, an audio recording or a musical score, it can be registered.
In most legal traditions one cannot assign moral rights to another. They will remain with the author or author’s beneficiaries. This is intended to protect the author from unscrupulous people who may want to assign the author’s moral rights alongside the copyright. This way the three important moral rights will always remain with the author, which are:
1. The right of paternity: to be properly identified as the author of the work
2. The integrity right: to have someone work in a way that reflects badly on the work and indirectly on the artist.
3. False attribution: The right not to have a work falsely attributed to the author.
Though often confused, moral rights are separate from copyrights. The author (who has the moral rights) can assign copyrights to any person he or she wishes. These will include the right to:
• Reproduce the work
• Distribute copies of the work
• Perform the work publicly
• Make a derivative work
If the registration is for copyrighting such works, for example, a sound recording, than perhaps the owner of that work should apply with the proof of the assigned rights by the author who should have obtained moral rights by then.
Though the issue is simply regarding the submission format, I think the registration process needs to be reformulated in the interest of true authors and owners.
December 26th, 2007 at 16:57
Ehem . . so your concern is it could become a problem when a proper legal system is established? So why worry about it now? More and more needs will arise as these concepts are developed.
December 27th, 2007 at 02:58
Its true we need to start standardizing various procedures and processes now in order to minimize future hurdles. No doubt there will be lots of issues arising when a legal system is implemented. Good comment and I hope NBC does the same in educating people especially the leading figures in the business.