The Legal and Practical Challenges of Licensing and Assignment of Musical Works in Ethiopia
No Thumbnail Available
Date
2020
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa, Ethiopia
Abstract
Music is the most utilized intellectual product in the world. The musical market as with other commercial activities has earned high revenue. Right holders may transfer their work through the contract and in return, they will accrue pays back.
The respective obligation of the parties is governed by the general contract rules and the copyright proclamation. Under the Ethiopian copyright law, some rules and regulationst aid him to exploit his right these are envisaged under Article 23-35 of the copyright proclamation. However, these provisions have lacunas in terms of benefiting right holders.
Practically the musical industry is out-dated, not suitable, and doesn’t have rules and regulations that stand for the right holders of the music industry. Accordingly, right holders have not profited from their work.
To make right holders advantageous from their work the collective management society should have back up in terms of budget, skilled manpower, and so on. Moreover, proportional payment has to be spelled out clearly. Like that of the ring tone, the collective management society should have provisions that implement another manner of exploitation of musical works. Especially regarding broadcasting rights, public performance rights, synchronization rights, and mechanical reproduction rights there are unequal negotiating powers. Therefore, there have to be provisions that stipulate proportional payment and that the users of musical works should be intermingled within the rules and regulations.
Furthermore, the proclamation needs to be amended in a way that accommodates new use, territorial clause, and the right to transfer acquired right. Subsequently, the copyright market is directed through appropriate rules and regulations. In effect, this guarantees the benefit that right holders should get from their work.
Description
Keywords
Copyright contract, Assignment, licensing, the scope of the Grant, Remuneration and Written Formality