Do Master Rights cover Synchronization and Broadcast? at DVinfo.net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!


Reply
 
Thread Tools Search this Thread
Old November 25th, 2008, 07:15 AM   #1
Inner Circle
 
Join Date: Jan 2004
Location: Boca Raton, FL
Posts: 2,979
Do Master Rights cover Synchronization and Broadcast?

I'm doing a video production for a vocalist who says he has "Master Rights" for his CD and wants a promo video with him pitching himself and clips of him performing. I've read what I can find on Master Rights (nice section in the google preview of "Drafting License Agreements By Michael A. Epstein, Frank L. Politano"). I understand Master Rights pertain to the Master recording and are not "Master" in the sense of trumping all other rights but I'm not sure what if anything Master Rights do for me in the case of using the music, recording a non-dramatic performance and distributing on web and DVD.

With Master Rights:
1) Do I need a Synchronization license to make a video recording of him performing?
2) Do I need a Mechanical license to post the video production on the artist's website?
3) Do I need any licenses to make DVDs of the video production for the artist use to promote himself?
4) Does it matter if the artist performs with a live band instead of the CD track for the video recording?

TIA
Les Wilson is offline   Reply With Quote
Old November 25th, 2008, 11:19 AM   #2
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
IANAL, perhaps one can comment, but meanwhile (AFAIK) ...

Remember the copyright for a song (words and music) is separate from the copyright to a recording of the song. "Master Rights" refer to the rights to reproduce a specific master recording. Your client may well own the master rights to a recording he made but that does not mean he has the rights to the music unless he also is the composer/publisher of the work. Sync licenses come from the owner of the copyright to the music, then master rights allow you to use a specific, pre-existing, recording of the music. If you're using an existing recording you need both. If you're recording your own from scratch you only need the sync rights.

Quote:
With Master Rights:
1) Do I need a Synchronization license to make a video recording of him performing
Yes
Quote:
2) Do I need a Mechanical license to post the video production on the artist's website?
No - mechanical is for "phonorecordings"
Quote:
3) Do I need any licenses to make DVDs of the video production for the artist use to promote himself?
absolutely, same as if you're selling them.
Quote:
4) Does it matter if the artist performs with a live band instead of the CD track for the video recording?
No need for the master license to the CD but you still need sync licenses from the music publisher.
__________________
Good news, Cousins! This week's chocolate ration is 15 grams!
Steve House is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

B&H Photo Video
(866) 521-7381
New York, NY

Z.G.C.
(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



Google
 

All times are GMT -6. The time now is 03:19 AM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2017 The Digital Video Information Network