[pp.int.general] Boundless Music Copyright

[Amelia Andersdotter]

The First Sale Doctrine in the US and the regional exhaustion principle 
in the European Union is kind of dependent on national/regional case law 
to uphold those doctrines.

But licenses are tricky - since it's all defined in contract law, 
basically it could be that KOMCA has a right to claim a collective 
license fee for a particular type of use which is not permitted by the 
license that was already struck with the rights holders about the works 
in question? It will depend also on the contract in place between KOMCA 
and the rights holders (if any) and how Korean law views representation 
without approval.

If Korean law allows for KOMCA to represent rights holders in a way 
similar to extended collective licenses (without having prior approval 
for representation by the rights holder) one could perhaps question the 
original contracts with the rights holders (longer term policy wise 
would even be preferable).

Right?

/a

On 28.08.2012 19:53, Heesob Nam wrote:
> Musical works can be used in a variety of another works. In this case
> to what extent the copyright holders on the music can claim their
> rights? When they have licensed their works to film makers or TV
> programme producers, can they still claim copyright against ISPs who
> store and transmit the film and TV programme?
>
> The Korea Music Copyright Association (www.komca.or.kr) contacts ISPs
> (mainly hosting service providers) and asks fees for using their music
> in their service. Here the ISPs have a contract with the film makers
> and TV programme producers. This means that they are "legally" hosting
> the files and share profit with copyright holders. But KOMCA threat
> criminal sanction in view of additional royalties from the ISPs.
>
> Moreover KOMCA approached movie theatres, calling for copyright fees
> for their performing movies. Again KOMCA had already got royalties
> from the movie makers. According to its claim, KOMCA only granted a
> license for making the film, not for performance of the film by the
> movie theatres.
>
> Is there any cases where the music copyright is determined to be
> exhausted or misused?
>
> Best,
>
> Heesob
> IPLeft (www.ipleft.or.kr)
> ____________________________________________________
> Pirate Parties International - General Talk
> pp.international.general at lists.pirateweb.net
> http://lists.pirateweb.net/mailman/listinfo/pp.international.general