MOSCAP'S ROLE
There are various places both international and national where musical work play. So that protecting copyright and transferring their right by licensing for music creators themselves is quite difficult. So throughout the world, music creators established the form of collective administration of rights. Under collective administration, authors and other rights owners grant exclusive licenses to a single entity, which acts on their behalf to grant authorizations, to collect and distribute remuneration, to prevent and detect infringement of rights, and to seek remedies for infringement. For music users, the ideal is to be able to get permission from the right owners to use any musical work as quickly and as effortlessly as possible. For copyright owners, on the other hand, the ideal is to choose an organization with a system that is able to efficiently collect royalties from a full range of music users.
There are various places both international and national where musical work play. So that protecting copyright and transferring their right by licensing for music creators themselves is quite difficult. So throughout the world, music creators established the form of collective administration of rights. Under collective administration, authors and other rights owners grant exclusive licenses to a single entity, which acts on their behalf to grant authorizations, to collect and distribute remuneration, to prevent and detect infringement of rights, and to seek remedies for infringement. For music users, the ideal is to be able to get permission from the right owners to use any musical work as quickly and as effortlessly as possible. For copyright owners, on the other hand, the ideal is to choose an organization with a system that is able to efficiently collect royalties from a full range of music users.
DURATION OF COPYRIGHT
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OWNERSHIP,EXERCISE AND TRANSFER OF COPYRIGHT
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Copyright does not continue indefinitely. The law provides for a period of time during which the rights of the copyright owner exist. The period or duration copyright begins from the moment when the work has been created, or, under some national laws, when it has been expressed in a tangible form. It continues, in general, until sometime after the death of the author. The purpose of this provision in the law is to enable the author’s successors to benefit economically from exploitation of the work after the author’s death. In countries party to the Berne Convention, and in many other countries, the duration of copyright provided for by national law is as a general rule the life of the author plus not less than 50 years after his death.
There is a trend in a number of countries toward lengthening the duration of copyright. The European Union, the United States of America and several others have extended the term of copyright to 70 years after the death of the author. MEMBERSHIP Now, the society has about 300 music creators which are authors, composers and publishers.From renowned composers and authors to those who are young collect under the society to protect their copyright. For publisher, there are 2, but we hope it will be increased soon.
DISTRIBUTION
we distribute the royalty two times a year. But now we are expected to transfer it four times a year. The royalty which is distributed to the members is depended on the usage report of the music users. The distribution for members is different from their usage and demand of the musical works. The distribution will be based on the membership agreement.
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The owner of copyright in a work is generally, at least in the first instance, the person who created the work, i.e. the author of the work. But this is not always the case.Certain national laws also provide that, when a work is created by an author who is employed for the purpose of creating that work, then the employer, not the author, is the owner of the copyright in the work. As noted above, however, moral rights always belong to the individual author of the work, whoever the owner of economic rights may be.
The laws of many countries provide that the initial rights owner in a work may transfer all economic rights to a third party. Moral rights, being personal to the author, can never be transferred. Authors may sell the rights to their works to individuals or companies best able to market the works, in return for payment.These payments are often made dependent on the actual use of the work, and are then referred to as royalties. Transfers of copyright may take one of two forms: assignments and licenses. Under an assignment, the rights owner transfers the right to authorize or prohibit certain acts covered by one, several, or all rights under copyright. An assignment is a transfer of a property right. So if all rights are assigned, the person to whom the rights were assigned becomes the new owner of copyright.In some countries, an assignment of copyright is not legally possible, and only licensing is allowed. Licensing means that the owner of the copyright retains ownership but authorizes a third party to carry out certain acts covered by his economic rights, generally for a specific period of time and for a specific purpose. Licenses may be exclusive, where the copyright owner agrees not to authorize any other party to carry out the licensed acts; or non-exclusive, which means that the copyright owner may authorize others to carry out the same acts. A license, unlike an assignment, does not generally convey the right to authorize others to carry out acts covered by economic rights. Licensing may also take the form of collective administration of rights. Under collective administration, authors and other rights owners grant exclusive licenses to a single entity, which acts on their behalf to grant authorizations, to collect and distribute remuneration, to prevent and detect infringement of rights, and to seek remedies for infringement. An advantage for authors in collective administration lies in the fact that, with multiple possibilities for unauthorized use of works resulting from new technologies, a single body can ensure that mass uses take place on the basis of authorizations which are easily obtainable from a central source. |