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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.

Kind regards,


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