A matter of synchrony

beatles

Synchronization as a concept is fundamental for any audiovisual piece when it comes to music.

Label: CopyrightSynchronization is the act of adding music to a piece of content. Generally audiovisual content, but recently the growth of the video game industry has made this segment equally important. That's why we can not talk about movies or TV alone. The placement of a song in Fifa can make the difference of doing a world tour or not ... ask ChocQuibTown (Fifa '11).

The rules are simple:

  1. You have to have an audiovisual content or a video game and it needs music to accompany it.
  2. You have to define what song (and in which version) you want to synchronize.
  3. You must have the authorization of the owner of the economic rights of the musical work.
  4. You must also have the authorization of the owner of the related economic rights as a phonographic producer, on the phonogram (the recording).

 

That the rules are simple does not mean that they are easy to apply.

Defining what music should accompany the piece is a science in itself. The needs of the project must be understood, what the song contributes, what atmosphere it should generate, etc.

That all parties accept that the synchronization occurs (beyond the price) can be a nightmare if the authors are multiple or do not know who are the owners. You must have everyone's authorization to use the piece. Everybody. It is not always so clear.

The holders of both are paid. Of the composition, on the one hand and the phonogram, on the other.

They do not always coincide. Mentally we believe that all the music we hear is sung and composed by the same people. Nothing more false. An initial analysis leads to surprises like that neither Adele always composes her own songs ("Send My Love (To Your New Lover)" was written by Adele, Max Martin and Shellback).

As for phonograms, in the era of artists without labels, those usually do coincide. The independent artist owns his phonogram, controls it and must give approval.

The important thing is to have the process clear and ask the parties to accept.

PS: Does the theater also apply this? Well ... I would not see why not, but apart from the musical theater, I have not seen the first theater director who deigns to ask.

Related concepts

Music publishers.Managers of musical repertoire. They usually control the musical work and (depending on the contract) they look for opportunities to synchronize it.

Synchronization agencies. Companies responsible for bringing together the supply and demand of musical content for audiovisual projects. They can control the musical work and the phonogram, and (depending on the contract) they look for opportunities to synchronize them or have a close relationship with the music publishers.

Music supervisor. The person in charge of finding what musical content is adapted to the creative piece in question.

The non-transferable rights of the actors

Rights of the actors

Although Fanny Mikey was a theater actress, the law that bears her name protects the rights of TV and film actors in Colombia. The actors in Colombia are entitled to special treatment in relation to their related rights. The right of public communication of their recorded performances can not have another owner other than themselves. No matter what they sign, what they do or what they do not do.

Pincelada azul-web - CopyrightLa 1403 Law of 2010 (Fanny Mikey Law) Gives special protection to the actors whose performances are fixed in audiovisual works.

Actors are essentially interpreters. Each of its interpretations generates related rights (or interpreter rights). The holder of these related rights is the only one who can exploit those interpretations.
Continue reading The non-transferable rights of the actors

Perfect Pitch

Perfect Pitch

The pitch is not an author's patrimonial right. It is a sort of exclusivity. He agrees with the artist, he can relapse on his works; But it is an Anglicism in all its splendor.

Label: Right of Entertainment
El pitch Is the launch in baseball. Also, the perfect phrasing metaphor to make an offer. It's throwing an idea. Propose a good business to a buyer.

Some management or special representation agreements include mentions of the exclusive right of "Pitch".

The question is whether it is an issue related to works or interpretations (copyright and related) or is something else. Continue reading Perfect Pitch

Fetish

freud2

The authors are important - the interpreters too - but always the question should be: who is the owner?

Brush-blue-web-right-of-author

Fetish, the object cause of desire according to the psychoanalytic theory of Lacan. Be Author It's a fetish. Feeling causes of the work that we face. We live from the myth that the label of Author Is the only one that legitimizes the creative act.

For the right of entertainment, in the discussions of copyright, the author is important. The interpreter is important. But decisions are made on the basis of who the holder. They even take into account who is the owner of the specific right that is under discussion.

On each work or interpretation multiple property rights apply. These can be segmented, in turn, between as many headlines are possible and conditioned in every way that we can think (as long as it is written).

But the condition of holder is relevant because it is with this subject that you have to negotiate. Not with himAuthor, With the holder.

If the chain breaks.
If we are facing a holder of another right.
If we are in front of an author who has ceded all his patrimonial rights (or that we specifically need).
We are in trouble.

We need the incumbent. Not to the author.

If I want to use the photo that was published in a magazine, I have to call the publisher who published it, not the photographer ... and no matter how friendly the photographer is ... and if the photo was for a jobfreelance, With more reason I have to call the publisher.

Fetish.

Fetish because the authors make sure that their name appears; nothing else.
The rest seems secondary.

But the fundamental question is seldom asked:
Is there a headline on the other side of the table?

Illustration

The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Print Collection, The New York Public Library. "Sigmund Freud. " The New York Public Library Digital Collections.