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Re: [ARSCLIST] Public's rights....was offlist archival question from ARSC list member
From: Patent Tactics, George Brock-Nannestad
Tom Fine wrote:
> Roger, it's not the "fan base's" right to hear what the artist, producer and
> record company don't want to release. These are COMMERCIAL products.
> You as a fan do not own the artist, you mearly
> purchase the right to own and enjoy what the artist puts forward as their
> art. If you don't like that, take music lessons and make better art.
----- Tom I could not agree more (although I have stricken your examples).
However, I maintain that the basis for the decision not to issue is the moral
or ideal right ("droit moral") of the artist. It only becomes a commercial
decision when the record company decides to keep it in-house. If they later
decide to issue it after all, in spite of the artis'ts objections, then they
are actually infringing the moral rights - these cannot be assigned. The
moral rights are fundamentally eternal, and not dependent on date of death
and whether you are a relative.
----- in Denmark there is a special provision for "subsequent sales" of works
of art (painting, sculpture). If it is sold at auction, the original artist
and his heirs during the copyright period will receive a fixed percentage of
the sale price. A collecting agency takes care of these matters.