Synchronization Rights-who'se responsible? at DVinfo.net

David Hurdon · September 18th, 2003, 08:36 AM

If an entertainer wants an audio-visual showcase and performs cover tunes exclusively, is it his or the production company's obligation to obtain synchronization rights for the songs that make it to the edit? Is it possible to be indemnified by the entertainer against legal action arising from copyright issues or must the producer actively ensure that rights are obtained?

David Hurdon

Mike Rehmus · September 18th, 2003, 09:01 AM

I cannot give you legal advice except to tell you that if you are asking the question, you probably know the producer is vulnerable.

Ask yourself if a copyright owner came after you and the entertainer, if you think the entertainer can protect you? The answer is probably not.

When in doubt, do it yourself.

Jeff Donald · September 19th, 2003, 10:34 AM

Paul Tauger has posted on similar issues before. I don't want to put words in Paul's mouth, but my understanding is that you would still be liable, maybe even more so. Making the client sign a release of liability would indicate that you probably knew it was copyrighted (why else get them to signa release?) and intentionally copied it any way. You may want to search some of Paul's posts. I'm sure he will post on this soon, but he's moving and also involved in a trial at the same time.

I don't envy Paul at all, I hate moving.

David Hurdon · September 19th, 2003, 12:01 PM

<<<-- Originally posted by Jeff Donald : Making the client sign a release of liability would indicate that you probably knew it was copyrighted (why else get them to signa release?) -->>>

Every CD duplicator I've gone to for quotes wants an identical release signed, Jeff. Do they all probably "know" their customers are intent on violating copyright? The reason is simple. It's one less job to do. If the musician is selling CDs he or she has sought mechanical rights for the songs involved. If they want to perform them on video, for whatever reason, why would they not be the one to get the synchronization rights?

David Hurdon

Jeff Donald · September 19th, 2003, 12:57 PM

Hi David,

As I said, those were my impressions and interpretations of prior posts by Paul Tauger, DV Info member and intellectual property attorney. I can't provide any other further insight than to suggest you search some of the many responses and posts Paul has made on the subject of copyrights and subsequent liability. This applies to US laws and Canadian laws may differ in this aspect also. I may be interpreting Paul's post incorrectly.

My suggestions would be for you to contact an intellectual property attorney and get his opinion.

September 18th, 2003, 08:36 AM	#1
David Hurdon Major Player Join Date: Nov 2002 Location: Toronto, Canada Posts: 484	Synchronization Rights-who'se responsible? If an entertainer wants an audio-visual showcase and performs cover tunes exclusively, is it his or the production company's obligation to obtain synchronization rights for the songs that make it to the edit? Is it possible to be indemnified by the entertainer against legal action arising from copyright issues or must the producer actively ensure that rights are obtained? David Hurdon __________________ Site:http://www.faceliftmarketing.ca Blog:http://www.websitevideo.blogspot.com

September 18th, 2003, 09:01 AM	#2
Mike Rehmus Wrangler Join Date: May 2002 Location: Vallejo, California Posts: 4,049	I cannot give you legal advice except to tell you that if you are asking the question, you probably know the producer is vulnerable. Ask yourself if a copyright owner came after you and the entertainer, if you think the entertainer can protect you? The answer is probably not. When in doubt, do it yourself. __________________ Mike Rehmus Hey, I can see the carrot at the end of the tunnel!

September 19th, 2003, 10:34 AM	#3
Jeff Donald Warden Join Date: Mar 2002 Location: Clearwater, FL Posts: 8,287	Paul Tauger has posted on similar issues before. I don't want to put words in Paul's mouth, but my understanding is that you would still be liable, maybe even more so. Making the client sign a release of liability would indicate that you probably knew it was copyrighted (why else get them to signa release?) and intentionally copied it any way. You may want to search some of Paul's posts. I'm sure he will post on this soon, but he's moving and also involved in a trial at the same time. I don't envy Paul at all, I hate moving. __________________ Jeff Donald Carpe Diem Search DVinfo.net for quick answers \| Where to Buy? From the best in the business: DVinfo.net sponsors

September 19th, 2003, 12:01 PM	#4
David Hurdon Major Player Join Date: Nov 2002 Location: Toronto, Canada Posts: 484	<<<-- Originally posted by Jeff Donald : Making the client sign a release of liability would indicate that you probably knew it was copyrighted (why else get them to signa release?) -->>> Every CD duplicator I've gone to for quotes wants an identical release signed, Jeff. Do they all probably "know" their customers are intent on violating copyright? The reason is simple. It's one less job to do. If the musician is selling CDs he or she has sought mechanical rights for the songs involved. If they want to perform them on video, for whatever reason, why would they not be the one to get the synchronization rights? David Hurdon __________________ Site:http://www.faceliftmarketing.ca Blog:http://www.websitevideo.blogspot.com

September 19th, 2003, 12:57 PM	#5
Jeff Donald Warden Join Date: Mar 2002 Location: Clearwater, FL Posts: 8,287	Hi David, As I said, those were my impressions and interpretations of prior posts by Paul Tauger, DV Info member and intellectual property attorney. I can't provide any other further insight than to suggest you search some of the many responses and posts Paul has made on the subject of copyrights and subsequent liability. This applies to US laws and Canadian laws may differ in this aspect also. I may be interpreting Paul's post incorrectly. My suggestions would be for you to contact an intellectual property attorney and get his opinion. __________________ Jeff Donald Carpe Diem Search DVinfo.net for quick answers \| Where to Buy? From the best in the business: DVinfo.net sponsors