The Mellotron Group

Thanks for the clarification John.  I was merely referring to a performance royalty (on synth programming) from a musical reference as it would relate to a musical performance. In my 30 plus years in music I have never encountered it nor had the option of pursuing it when I had the occasional gig as a programmer (synth that is) I understand your point completely from an intellectual property/software standpoint.

In my field, it is getting harder and harder to retain the right to profit from a performance over time, so my guess is entry into the coveted world of royalties is being squeezed everywhere.  At least Intellectual property/ownership rights are still intact!

fritz

 


 

 

-----Original Message-----
From: lsf5275 <lsf5275@aol.com>
To: newmellotrongroup <newmellotrongroup@yahoogroups.com>
Sent: Fri, Feb 25, 2011 6:22 pm
Subject: Re: [newmellotrongroup] Re: samples and copyright


  
    
                  

Welcome to the group John! Is this your first post here?
 
John is the owner of the "Johnny Neel" Mellotron, #525
 
Frank
 
 
 

In a message dated 2/25/2011 4:30:43 P.M. Eastern Standard Time, hammaren@geoconcepts.com writes:
    
  
  
  
Well, as a   programmer, that’s not entirely true. Whatever agreement was signed whether   that person was an employee or outside consultant would dictate what   remuneration was received. If the agreement stipulated that the employee or   consultant received a royalty in whatever fashion was agreed, then that would   be it. But, on the other hand the agreement would be between those two   entities, not the end-user or consumer. In that case, whatever agreement or   license agreement that was agreed to upon sale of such product would be in   force between end user and manufacturer of product. I have not looked at   whatever legalese came with my Triton for example, but since I have not read   about any brouhahas regarding this, it is probably safe to assume that end   users are granted a general use license for whatever purpose including   performance. That’s not to say the programmer may not get a cut of total unit   sales. What probably would not be included would be redistribution of said   programs for the purpose of the end-user profiting from that work. Pretty much   the same as if you cloned a Triton and sold it as a TritonGrande’ with all the   sounds intact. But there is nothing to say he couldn’t profit from   performances of his work if the end-user agreement stipulated it. Kind of hard   to enforce this, but the way things are getting in this world, don’t count   this out some day. Particularly since we are at the point where every, and I   mean every device and person will have an IPV6 address in 20 or 30 years and   whatever it is we will do will have some form of tracking associated with it.   Look at Microsoft. Software as a service is a prime example – compose a doc   and pay them a royalty. That’s their future.
  
  
It ain;t   mine.
  
  
Cheers,
  
  
John
  
  
  
  
  
From: newmellotrongroup@yahoogroups.com   [mailto:newmellotrongroup@yahoogroups.com] On Behalf Of   fdoddy@aol.com
Sent: Friday, February 25, 2011 2:44   PM
To: newmellotrongroup@yahoogroups.com
Subject: Re:   [newmellotrongroup] Re: samples and copyright

  
  
  
  
  
  
  
He probably signed a "work for   hire" agreement, and besides, it is not a performance, but   instead,programming.  In the US, there is no performance royalty on   programming, that would make no sense.


fd


  
  

  
  

  
  

  
  

  
  
-----Original   Message-----
From: mattias <Mattias.olsson5@comhem.se>
To:   newmellotrongroup <newmellotrongroup@yahoogroups.com>
Sent: Fri, Feb   25, 2011 12:46 pm
Subject: Re: [newmellotrongroup] Re: samples and   copyright
  
  
    
  
  
  
  
  
How about the   guy who programmed  the synthbrass sound  on the DX7 ?

Should   he get paid or sued everytime the sound is heard on the radio ?

//   Mattias


Den 2011-02-25 17.56, skrev "Mike Dickson" <mike.dickson@gmail.com>:
  
    

 
 
   

   On     25/02/2011 13:01, feline1973 wrote: 
    
   
 

Nobody     knows the name of the people on the tapes and so PPL don't have this info so     they ain't getting paid at     present.
 
 
   
    

 Well..we know some of them.     Trouble is I suspect most of them are dead.