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• An
introduction to copyright
Music copyright is regulated in Italy by the copyright law (Law
no.633 of 22 April 1941) that deals with Composer Copyright
and the Associated rights that ensue from the creation of intellectual
property.
The law divides rights into two categories: patrimonial rights
and moral rights. The patrimonial rights concern the right to
exploit a work for economic purposes and as this is a proprietary
right it can be granted to third parties. The moral rights concern
the composer's right to be recognised as the creator of the
work and its correct use according to normal moral principles
(for the honour and reputation of the composer must nit be compromised).
This right lies directly and undisputedly with the composer
of the work and cannot be passed on to others.
The right of most interest in the use of music in audio and
video productions is the Patrimonial right, where all the problems
lie regarding the exploitation of musical rights, always bearing
in mind that the right must be exercised while safeguarding
the composer's moral right.
• Italian Law: who it protects and how
The Law makes a distinction between Author's and the Publisher's
Rights and the associated Copyrights, i.e. the Mechanical Reproducer
/ Record Company that has acquired from the composer and/ or
Publisher the right to record the work onto disc (or the "sound
carrier") and to exploit it for economic gain.
The Composer's and the Publisher's Rights are the main copyrights
safeguarded by the law while that of the Mechanical Reproducer
/ Record Company is a right associated with this, i.e. in practice
deriving from the exercise of it.
Through the Publishing contract, the Composer grants the Publisher
full economic exploitation of the work while retaining full
moral right over the work as this undisputedly belongs to the
Composer. With the Mechanical Reproduction contract the Composer
and/or the Publisher instead grants the Mechanical Reproducer
/ Record Company the Right to record the musical composition
to disc.
Therefore, when one of these rights is exercised, one must be
sure to have acquired agreement from the various copyright owners
(Composer, Publisher and Mechanical Reproducer / Record Company).
• What are the main rights protected ?
a. Performing Right: the right to perform the music in
public.
b. Mechanical Right: the right to record the musical
work to disc.
c. Publishing Right: the right to publish the work as
a printed score.
d. Synchronisation Right: the right to add the music
as a musical soundtrack to a Film/Audio-Visual production.
• The Synchronisation
Right - in more detail
The synchronisation right is also known as the "Right of first
synchronisation of music and image" In actual fact, when we
wish to add a music soundtrack to a film first of all the synchronisation
right must be acquired from the Composer and the Publisher and
when we are dealing with music from a sound carrier such as
a CD or music cassette authorisation must also be sought from
the Record Company that holds the right to economic exploitation
of the sound carrier.
Generally the Copyright is directly administered by the SIAE
(Societa' Italiana Autori ed Editori) to which the rights holders
give a mandate to collect the proceeds deriving from exploitation
of the work. This happens for example for the Performing Right
and for the Mechanical Right. The Synchronisation right, on
the other hand, is not safeguarded by the SIAE but is administered
directly by the Rights holders. This means that in order to
use the music for an audio-visual production the Synchronisation
Licence must be sought from the Composer and the Publisher and,
where this involves music taken from a CD or music cassette
sound carrier, from the Record Company too.
The use of a musical work almost always affects more than one
right. This is above all true in the case of the Synchronisation
Right where use of the work, depending on the context, can involve
at the same time the Synchronisation Right, the Performing Right
and the Mechanical Right.
An example of the simultaneous involvement of the three rights
is given when a soundtrack is used in a film, in this case the
Performing Right is exploited if the film is shown in public
for example at the cinema (the SIAE exercises the right through
ticket sales) and/or if the film is distributed in the form
of a videocassette then the Mechanical right is exploited for
pressing the Videocassette (the SIAE exercises the right through
applying stickers) in both cases the Synchronisation right is
also exercised by the rights holders (through the sale of the
Synchronisation Licence for use of the musical work).
The real problem of the Synchronisation right is exactly that
of requesting the Licence for use from the rights holders (Composer,
Publisher and Mechanical Reproducer / Record Company). It could
in fact prove either too difficult to obtain the authorisation
of the Composer, Publisher and Mechanical Reproducer /Record
Company(just think of the problems involved with a foreign composer)
or too costly.
• Music libraries and the Synchronisation right
To overcome all these problems modern day Music Libraries have
been created which through specific analysis of the industry
are able to respond to the various musical demands and to the
needs concerning rights acquisition. Music Libraries allow music
soundtracks to be added to all types of audio-visual productions
by means of a vast musical repertoire and to deal with a single
reference when a Synchronisation Licence is needed. Normally
it is the Publisher of the Music Library that has previously
acquired all the other rights and therefore can exercise the
synchronisation right in full. You are reminded that payment
of the Synchronisation Licence covers the Synchronisation right
only while the other rights must be complied with (the Mechanical
and Performing rights) if they are affected by this use.
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