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Categotry Archives: Film

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Sync Licenses Explained!

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Categories: Articles, Copyright, Film, Music Contracts, Music Industry, Music Publishing, Performance, Royalties, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

By:  Erin M. Jacobson, Esq.

A synchronization license is a license to use a composition in an audiovisual production. (A master use license is a synchronization license for the master recording.) A placement can be quite lucrative, but it’s important to understand how your music is being used. Here’s a basic overview of the main points in a synchronization license:

  1. Licensor

The licensor is the person who owns the music and giving permission for it to be used in the audiovisual project. The music publisher owns the composition and the record label owns the master recording. Independent musicians might own both.

The licensor’s information will also include the licensor’s ownership share of the composition or master that is the subject of the license. Also, the writers of the composition and their performance rights organization information will be listed.

  1. Licensee

This is the person receiving the permission to use the music in the audiovisual project. This is usually a production company, studio, or network.

  1. Timing

Timing is how much of the song will be used in the audiovisual project; for example, it could be thirty seconds or an entire song.

  1. Type of Use

This is basically how the music will be used. There are many different terms thrown around to designate the type of use, but without using a bunch of industry-specific terms, examples would be playing in the background, with or without people talking over it; a live performance; played on a radio; an opening or closing theme; or in the credits.

  1. Territory

The territory covers where in the world can the music be used within the audiovisual project. This might be worldwide, for a specific country, or even a local area.

  1. Term

The term is for how long can the music be used within the audiovisual project. This might be in perpetuity or only for a specific length of time.

  1. Media

This is a big talking point because it includes the types of media in which the music can be used as part of the audiovisual project. This can include TV (and what types of channels), theatrical (movie theatres), film festivals, the Internet, all of these, or only some of these. The rights section also includes language about whether the music can only be used in the specific project itself, or also whether it can be included in promotions for the projects and if so, what types of promotions.

  1. Money

Everyone’s favorite topic, i.e. the fee you are getting paid for the use of your music!  This is going to be a negotiated fee based on the type of use, popularity of the song, and other factors.

  1. Direct Performance

Direct performance rights are not present in every sync license, but are being seen more frequently. Basically, some licensees want to pay a buy-out fee of your performance royalties in an effort to move away from paying blanket license fees to the performance rights organizations (who would normally collect your performance royalties and pay those to you). One problem with this is that the licensees still have their blanket licenses with the performance rights organizations, so a buyout of performance royalties would leave you out of any income generated from performances over the amount of the buyout.

  1. Some legal language

This is for your attorney to handle!

 

One should always have an experienced attorney look over any license you receive. Contact me if you have a license you need reviewed.

 

Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. The content contained in this article is not legal advice or a legal opinion on any specific matter or matters. This article does not constitute or create an attorney-client relationship between Erin M. Jacobson, Esq. and you or any other user. The law may vary based on the facts or particular circumstances or the law in your state. You should not rely on, act, or fail to act, upon this information without seeking the professional counsel of an attorney licensed in your state. 

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Hangover II will be released on schedule

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Categories: Copyright, Film, Infringement, Legal Disputes, Tags: , , , , , ,

The judge in the Hangover II dispute has ruled that the movie will be released in theatres as scheduled for Memorial Day weekend.

While the injunction to block the film’s release was denied, the film’s DVD release could still be stopped at a later date.  The copyright infringement suit is also allowed to proceed.  Judge Perry who is presiding over the case has commented that Whitmill has a good chance of succeeding on the merits of the copyright case.

Whitmill asked Warner Bros. for a $30 million settlement (finally, some settlement talks!), but it is predicted that number will decrease substantially now that the injunction has been denied.

More details here.  It will definitely be interesting to see how this case progresses.

© 2011 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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Hangover II Dispute Continues…

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Categories: Copyright, Film, Infringement, Legal Disputes, Tags: , , , , , ,

Warner Bros. has asked the judge presiding over the Hangover II case not to enjoin (stop) the release of the movie.  (Article here.)  Warner Bros. claims Whitmill, the tattoo artist, would not win on the merits of the case because (amongst other reasons) he did not dispute the tattoo appearing in the first movie and it’s use in the sequel is a parody falling under the fair use defense.  While applying the tattoo on Ed Helm’s face for comedic value in the sequel may be a parody, is it really enough to be considered transformative?  In the 2 Live Crew case regarding Roy Orbison’s song “Pretty Woman,” the court ruled new value was added to “Pretty Woman” by updating the material with a more modern attitude.  Here, the tattoo has been given more comedic value, but it is unclear whether a court would view that as enough to be transformative.   It is also unclear as to what effect the film will have on the market value of the tattoo.  Are people going to flock to tattoo parlors to have their own facial version of this tattoo?  In addition, the entire tattoo was used in the film, which is being released for commercial (i.e. money-making) purposes.  Both of those weigh against a finding of fair use, so it will be interesting to see how the court will rule on fair use grounds.

There is also some discussion about copyrighting tattoos — the artwork is copyrightable, but that doesn’t mean the artist can have control over the tattoo-wearer’s body.  As previously posted, Whitmill has an agreement with Tyson in which Whitmill retains all ownership in the tattoo’s artwork.  I have not seen that document, so my question is — did that document also grant Tyson the right to reproduce, distribute, display and adapt the tattoo; allowing Tyson to use the tattoo in any way he saw fit since, after all, it is on his face? It would be hard for Tyson to not automatically do these things since he is filmed and photographed on a regular basis and the tattoo is freely visible at most times.

This suit is a great way for Whitmill to get some publicity, but why stop the release of a movie that will yield millions of dollars?  If Whitmill’s goal is increased publicity, being the man who stopped the release of a highly-anticipated film would not be the kind of publicity I would want.  Getting a settlement payment with points on the backend would be much more profitable.

Hangover II is set to open next weekend, so a decision should be forthcoming shortly.  Do you think the film’s release will be stopped?   Please let me know your thoughts in the comment thread.

© 2011 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.

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Tattoo Suit for Hangover II

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Categories: Copyright, Film, Infringement, Legal Disputes, Tags: , , , , , , ,

Tattoo artist S. Victor Whitmill designed Mike Tyson’s unique facial tattoo.  He is now suing Warner Bros. Ent. for the (obviously fake) reproduction of the tattoo on Ed Helm’s face in ads for the film and the film itself.

Photo from here.

Whitmill had an agreement with Tyson that Whitmill would retain all ownership rights in the copyright to the tattoo.  According to copyright law, anyone who wishes to use the artwork owned by Whitmill has to contact Whitmill for a license to use the artwork.  Warner Bros. did not get permission to use the artwork.  The use may infringe several aspects of copyright ownership, including reproduction, distribution and adaptation.

Whitmill seeks an injunction — an order to stop the movie’s release.  Warner Bros. has not issued a comment.  While this could go to trial, I doubt it will.  Anyone else smell a settlement?

Original story here.

© 2011 Erin M. Jacobson, Esq. All Rights Reserved. If you like this article and want to share it, you may provide a link to www.erinmjacobsonesq.com or a direct link to the post for others to read it. You may not reprint this article without written permission from Erin M. Jacobson, Esq.

This site is not intended or offered as legal advice. These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. If they are considered advertisements, they are general in nature and not directed towards any particular person or entity. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, Erin M. Jacobson, Esq., and you or any other user. The content is not guaranteed to be correct, complete, or up-to-date. The law may vary based on the facts of particular circumstances or the law in your state. You should not act, or fail to act, upon this information without seeking professional counsel. No person should act or fail to act on any legal matter based on the contents of this site. Unless expressly stated otherwise, no document herein should be assumed to be produced by an attorney licensed in your state. For more information, please click on the “Disclaimer” section in the top menu of this site.