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Unformatted text preview: ploitation of the work and
does not unreasonably prejudice the legitimate interests of the authors.” At a minimum, this suggests that the market should be allowed to develop in order to
determine what a creator’s legitimate interests are.25 Article 11 bis allows member countries to enact legislation with respect to, among other things,
communicating works to the public by wire or broadcast, provided that such
legislation “shall not in any circumstances be prejudicial… to [the author’s] right to
obtain equitable remuneration which, in the absence of agreement, shall be fixed
by competent authority.” An analogous provision is contained in Article 13(1) with
respect to the distribution of sound recordings of a musical work. These provisions
suggest that the Office should be circumspect in proposing anything that would
broaden the current exemption relating to the public performance rights in a
copyrighted musical work.
The recently concluded WIPO Copyright Treaty and WIPO Performances and
Phonograms Treaty encourage copyright owners to protect their rights on the
Internet by using technological measures.26 23 Content providers and licensing See e.g., Docket no. 14, University of Michigan at p. 3.
Testimony of Lynne Schrum (DC transcript at p. 327)
See e.g., Docket no. 34, National Music Publishers Association at pp. 3-4,14-19.
See e.g., WIPO Copyright Treaty Arts. 11 and 12; WIPO Performances and Phonograms Treaty Arts.
18 and 19.
24 8 organizations are in the process of developing these technologies now. The Office
should not remove the incentive to continue to do so by recommending further
exemptions to the Copyright Act.
For all of the foregoing reasons, BMI would urge the Office to make
recommendations which will allow the market for distance education materials to
continue to develop. In concluding, I would like once again to thank the Office,
particularly the Register and members of her staff, for providing all interested
parties with the opportunity to present our views on this vital and growing area of
national and international importance. BMI continues to look forward to working
with the Office and members of various constituencies toward an appropriate
resolution of the outstanding issues pertaining to the proportion of distance
education through digital technologies.
BROADCAST MUSIC, INC.
By: /s/ Marvin L. Berenson
Marvin L. Berenson
Senior Vice President
and General Counsel
Broadcast Music, Inc.
320 W. 57th Street
New York, NY 10019
Dated: March 3, 1999
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This note was uploaded on 08/05/2011 for the course ACCT 11212 taught by Professor Davis during the Spring '11 term at York College of Pennsylvania.
- Spring '11