Comments on: NBC: No More Notation for Registration http://www.musicinmaldives.com/blog/20071225/nbc-no-more-notation-for-registration/ Where we discuss everything about music in Maldives Thu, 20 Jan 2011 07:43:30 +0000 hourly 1 By: Thoughts http://www.musicinmaldives.com/blog/20071225/nbc-no-more-notation-for-registration/comment-page-1/#comment-13551 Thoughts Wed, 26 Dec 2007 21:58:38 +0000 http://www.musicinmaldives.com/blog/?p=322#comment-13551 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. 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.

]]> By: Supernal http://www.musicinmaldives.com/blog/20071225/nbc-no-more-notation-for-registration/comment-page-1/#comment-13537 Supernal Wed, 26 Dec 2007 11:57:25 +0000 http://www.musicinmaldives.com/blog/?p=322#comment-13537 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. 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.

]]> By: Mohamed Ikram http://www.musicinmaldives.com/blog/20071225/nbc-no-more-notation-for-registration/comment-page-1/#comment-13519 Mohamed Ikram Wed, 26 Dec 2007 01:40:41 +0000 http://www.musicinmaldives.com/blog/?p=322#comment-13519 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. 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.

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