midem 2015 - music sync masterclass
Post on 21-Mar-2017
359 Views
Preview:
TRANSCRIPT
It’s a tough world out there for licensors & rights owners!
Top notable sync disputes & claims:
2
The issue with “sound-a-likes”: how the courts are fighting back
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
3Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
Increased use of “sound-a-likes” in advertising
• Distressing for song writer!
More difficult to deal with
“sound-a-likes”. Musicologist?
Much more aggressive
approach taken by music rights
holders
• litigation
4
Blurred Lines’ decision: the revenge of rightholders
•Not sync deal per se obviously
•Allegations of plagiarism
•Fine line between “inspiration” & “copying”
•Thicke & Williams’ claims: ‘being reminiscent of a “sound” is not copyright infringement’
•Objective facts to determine ‘intrinsic similarity of the works’: signature phrases, hooks, beats, chords and melodies?Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
5
They’re playing our song: sue them!
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
6
Lose Yourself but not in court
•Ronnie Mack v George Harrison – ‘My Sweet Lord’ case, 70s
•Sigur Ros v advertising agencies & brands
•Eminem’s publishers sue New Zealand political party for copyright infringement, 2014
•Beastie Boys v Goldie Box, for unauthorised use of ‘Girls’, 2014
•Tom Petty & Jeff Lynne v Sam Smith, 2015Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
7
What right owners can do upon finding unlicensed usage of their songs
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
8
Cease & desist letter – letter before court actionInstruct your lawyer!Try to resolve this out-of-court!
Negotiate?OK to grant a sync license? OK to pay a premium on top? OK to grant a master use license?
LitigationNo license possibleOther side does not recognize liabilityFile law suit against composer, brands, agencies
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
9
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
Annabelle GaubertiAssociée fondatriceannabelle.gauberti@crefovi.com@Crefovi on TwitterTop notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
top related