Intellectual Property and Copyright Management

B.Terre with the help of her parents and recording studio owners has recorded an album Ethnical Living with original songs. Besides original material B.Terre has co-written with other authors the sound recording contains sample from British Broadcasting Corporation (BBC), spoken words by people, sonic collages compiled from recorded natural sounds, spoken poem by Steve Smith. Other people’s copyrightable works has inspired two of the songs on the recording. There is an idea to make a pastiche of Lowry painting as cover for the album sleeve. Record company Fair Trade Records has showed the interest in the sound recording of B.Terre and there is possibility the recording can be released commercially. Fair Trade Records believes the work of B.Terre is potential winner of Mercury Prize that is annual music prize awarded for the best album from the United Kingdom or Republic of Ireland. B.Terre insist she will be doing the deal with record company only if she is able to keep copyrights of the sound recording. At this stage due to lack of finance B.Terre has not paid for the work of other people.

1.0.Needful requirements and agreements to be recognized as owner of a sound recording.

To understand the needed actions B.Terre has to make to be recognized as the owner of sound recording we have to consider that „the CDPA distinguishes between the concepts of authors and owners. The person who is the author of a piece of music which is capable of copyright protection may not always be the owner of the copyright.“ (Lipton, 2000, p 12)

According to CDPA „section 9 (1) provides that the „author“ of a work is „person who creates it“. In the case of sound recording the „author“ under section 9 (2) (a) is the producer. The producer is defined in section 178 and means the person who makes the necessary arrangements for the creation of the sound recording.“ (Lipton, 2000, p 12)

In B. Terre situation at the moment „producers“ of her sound recording are her parents as they have paid five thousand pounds and recording studio owners, which have given studio time of the value of fifteen thousand pounds for the recording and have not yet paid for the service provided. …