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rights clearances 2011

Lecture on Rights Clearances, a.k.a. Getting Permission

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rights clearances 2011

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  1. Rights Clearances

  2. Clearances • Underlying works • All production elements • Music • Names • Phone numbers • Addresses • License plates • Posters on the wall

  3. Films and Television programs often use popular or recognizable songs.

  4. Each Song Has Two Copyrights • the musical composition • music publisher • the specific recording • artist’s record company

  5. Two Copyrights = Two Licenses • musical composition = synchronization rights (sync rights) • specific recording = master recording rights (master use)

  6. However, • if you will record the song yourself • only need sync rights from the music publisher

  7. And, • if a recording is of a composition in the public domain -- don’t need sync license

  8. Remember, many songs have several versions . . . • owner of the sync right is always the same • owner of the master will change

  9. Danger, Will Robinson • In the context of music licensing for movies or television • THERE IS NO FAIR USE! • Plus, must distinguish between a comedic work and a parody • Also, “droit moral” could affect international distribution of work

  10. How to License Music • hire someone else • do it yourself

  11. How to do it yourself • determine copyright ownership • master recordings -- usually only one copyright holder, but rights may be split by territory (especially with foreign artists) • double-check have correct song and version • take care with compilation or soundtrack albums • compositions -- may have split • split may be by percentage and/or territory

  12. Licensing for television • Program shot on film -- need license • right of reproduction • Live programs = no reproduction (so no sync license) • do need performance license • Taped shows (“Tonight Show” and even first run of primetime show) = ephemeral recording which needs no license

  13. but repeats of these programs do need license • so producers of videotaped programs negotiate for sync and master use licenses prior to taping

  14. Licensing for a Motion Picture • key difference from licensing for television • will want all rights in all media in perpetuity for a fixed price • or a “buyout” • will include all media whether now known or hereafter developed

  15. also sync licenses will include a grant of public performance rights • U.S. theatrical exhibition only • foreign performing rights societies license theatrical exhibition in their respective countries

  16. Two Elements of a License • Permission • License Fee • discretionary • no compulsory license as in mechanical licensing for phonorecords

  17. Basic Terms of a License • media • territory • length of license

  18. Resources • Copyrightcentral • http://www.copyrightcentral.ca/home.htm • Findlaw.com • http://www.findlaw.com • Entertainment Law Digest • http://www.entlawdigest.com/

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