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MIDEM 2015 - Music sync masterclass

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The business of sync – placing music within ads, films, TV and games – is a hugely important business for labels, artists, brands and the creators of those other media. In this session, expert speakers will guide you through the main legal and commercial factors when negotiating a sync licensing deal

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MIDEM 2015 - Music sync masterclass

  1. 1. It’s a tough world out there for licensors & rights owners! Top notable sync disputes & claims:
  2. 2. 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!
  3. 3. 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. 4. 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. 5. 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. 6. 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, 2015 Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
  7. 7. 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. 8. 8 Cease & desist letter – letter before court action Instruct 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? Litigation No license possible Other side does not recognize liability File law suit against composer, brands, agencies Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
  9. 9. 9 Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners! Annabelle Gauberti Associée fondatrice annabelle.gauberti@crefovi.com @Crefovi on Twitter Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

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