7. Rightsholder and User Issues
Notes
1 To qualify for membership in ASCAP, a rightsholder must have "a commercially recorded musical composition, or one for which sheet music is available for sale in a commercial edition or a musical work available for rental, or a musical composition performed in media licensed by the collective (i.e., radio, television, Internet, etc.). If the rightsholder is a music publisher, then proof is needed that the individual or organization is regularly engaged in the music publishing business or has works which are regularly performed by the society's licensees." Full membership information is available on the ASCAP Web site at [http://www.ascap.com/membership/membership.html#join].
2 Ellen Sauer, Project Muse Manager, personal communication (1977) and TULIP Final Report (New York: Elsevier Science, 1996), 12.
3 Nathan Benn, Founder and former President of Picture Network International and Consultant, personal communication (1997).
4 Image Directory Contributor’s License (template), 1997.
5 See ASCAP License [http://www.ascap.com/membership/agreement/agreement. html] (1997).
6 The Stock Illustration Source [http://www.sisstock.com] (1997).
7 Many
providers make their membership agreement templates available. For some diverse
samples of rightsholder/service provider licenses, see ASCAP Membership Agreement
[http://www.ascap.com/membership/agreement/agreement.html] (1997); MPCA Membership
Agreement [http://www.mpca.com/mpca_agreement.htm] (1997); Stock Illustration
Source [http://www.
sisstock.com/] (1997). Interested readers should also refer to the Checklist
for Licensing Museum Images published by the Canadian Heritage Information
Network (see [http://www.chin.gc.ca/Resources/Research_ Ref/Reference_Info/e_reference.html#INTELLEC]),
which describes the various issues addressed in rightsholder/service provider
licensing agreements. For an international comparison of provisions in membership/collective
agreements, refer to Lucie Guibault, "Agreements between Authors or Performers
and Collective Rights Societies: Comparative Study of Some Provisions,"
L’Association Littéraire et Artistique Internationale (ALAI) International
Congress, Montebello, Quebec, September 1997. In French, with English summaries.
8 See "Photos to Go®" Index Stock Photography [http://www.indexstock.com/pages/ptogo.htm] (1997).
9 See the Bridgeman Art Library [http://www.bridgeman.co.uk] (1997).
10 For a thorough review of the licenses and their clauses, see The READI Project [http://www.cni.org/projects/READI/draft-rpt/] (1997) and the Association of Research Libraries publication entitled Principles for Licensing Electronic Resources [http://www.arl.org/scomm/licensing/principles.html] (July 1997).
11 The Copyright Clearance Center allows nonusers to view a demo of its online reporting feature. To view this demo, go to the CCC Web site at [http://www.copyright.com] and click on the "Catalog of Titles" icon. Next, click on the TRS hypertext. Click on the TRS DEMO text at the top of the screen. Enter the Username "testuser" and the password name "testuser1." Click on "Search and Report." Select a publication from the CCC repertoire database, then select the publication you wish to "use." This will bring up the "Add Work" screen, where a user reports all the relevant usage information.
| Chapter 7: Rightsholder and User Issues | |
| A. Rightsholder Issues | |