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

[Rob Myers]

The PRS have something of an agenda...

That said, copyright applies to work with a *fixed* form. I'm not  
sure an algorithmic "improvisation"  would qualify for copyright. A  
recording of the algorithm's output would. The difference is not  
recording, the difference is fixed form. Dance has similar problems.

The copyright on the code is a separate issue from the copyright on  
the output.

As an aside, the England & Wales copyright act of 1988 had specific  
provisions for "computer generated work". It got less copyright. I  
don't know if more recent law has changed this.

- Rob.

On 15 Oct 2005, at 19:19, Paul Brown wrote:

> Send me your private email address and I will send you a copy of an
> email exchange between myself and Nick Lowe who is a solicitor who has
> been an intellectual property law specialist for over 25 years  
> being at
> one time Director of Legal and International Affairs at PRS.
>
> -----Original Message-----
> From: eu-gene-bounces at generative.net
> [mailto:eu-gene-bounces at generative.net] On Behalf Of alex
> Sent: 15 October 2005 15:40
> To: generative art
> Subject: RE: [eu-gene] Psst...Wanna Buy an Algorithm? (Working Title)
>
> Hi Paul,
>
> On Sat, 2005-10-15 at 14:23 +0100, Paul Brown wrote:
>
>> Thanks for your reply. All I can suggest regarding the copyright  
>> issue
>> is that you take a look at (you are UK based right?) the Copyright
>> Designs And Patents Act 1988, Copyright and Related Rights  
>> Regulations
>> 2003 and take further advice from a lawyer if you need further
>> clarification. PRS have a legal referral service where various UK
>> lawyers have agreed to give advice to PRS members, without charge,  
>> for
>> up to one hour at the first meeting.
>>
>
> I am UK base, but no thanks, I'm happy with my understanding for now,
> which remains that music rights are applicable to generative music.
> Those rights are listed and detailed here:
>
>
> http://www.mcps-prs-alliance.co.uk/DocsRepository/3752/Introduction% 
> 20to
> %20Copyright_%20DS_26-04-04.pdf
>
> ... and do not centre around rights over recordings as you  
> suggest.  If
> you never record a song that you've written, it's still your song, and
> you can still get money from the collection societies if other people
> perform it.  Running a program to generate music would clearly come
> under "performing, playing or showing" the work in public.  In any  
> case,
> you can record generative music, so I really don't understand your
> position.
>
> However if you have consulted the PRS lawyers while researching your
> paper I'd be interested to learn of their response, and happy to  
> correct
> my understanding.
>
>
> alex
>
>
> -- 
> 'The world is actually pear shaped'
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