[eu-gene] Psst...Wanna Buy an Algorithm? (Working Title)

[Paul Brown]

Well no, in the UK it is as simple as that. Section 3 (2) of the
Copyright Designs and Patents of 1988 says that copyright will not
subsist in a work "unless or until it is recorded in writing or
otherwise". This includes making a video, tape, CD or digital recording
of the work as well as a musical score. The administration of music
copyright throughout the world is carried out by means of reciprocal
agreements between various rights societies so I cannot imagine that the
basic definition of copyright will deviate much from the one above to
include music that is not recorded in some way. 
In any case I find SACEM's reasoning a little odd. If the only barrier
for them to administer the music generated by the CD was that you were
not members of their society I would have thought they would have
encouraged you to join as composer members. Did you also approach SDRM
and ADAMI? What did they say?

-----Original Message-----
From: eu-gene-bounces at generative.net
[mailto:eu-gene-bounces at generative.net] On Behalf Of Antoine Schmitt
Sent: 14 October 2005 15:59
To: generative art
Subject: RE: [eu-gene] Psst...Wanna Buy an Algorithm? (Working Title)

I think that this is more complex than this.
When we released the "infiniteCD for unlimited music", a generative 
music CD-Rom in 1999, I contacted the SACEM (the author's right 
management society in France). They said that the only reason they 
will not manage the CD was that neither me nor the other artist 
(Vincent Epplay) where registered with them as musicians, but that 
they indeed have a royalty system for generative as well as for 
interactive musical artworks. I don't have more information on this, 
but I am sure that they did indeed think about it, if only because 
there is money to be made... ;-) And they have the best lawyers.

:::::::::14/10/05::::15:35 +0100::::Paul Brown:::::::::
>Thanks for the correction to my grammatical slip up. You are, of
course,
>right.
>In answer to your question, because if the music generated by the music
>system is not fixed, i.e. recorded or written down in some form, no
>copyright exists in it. Because there is no copyright within the music
>created it falls out of the jurisdiction of performing, mechanical and
>phonographic right societies. They cannot pay royalties out on titles
>that have no copyright ownership on them.

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++ as

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