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Re: film music rights,icensing etc.(OT).



On Feb 13, 2008 3:32 AM, L.A. Angulo <labaloops@yahoo.com> wrote:

> Last but not least all of my songwritting is
> registered with the GEMA here in germany which is like
> ASCAP or BMI.
> So my question is,
> do they still have to get a license from me(or our
> label or producer) even if i am not the original
> songwritter of this song?


If you by "they" mean the guys that make this movie the answer is yes,
because we are talking about two  different legal rights connected to
the music.  The film producers need to get a license from the composer
(what you call "the original songwriter"), but this is only one side
of it, the composer's right to the work (which can be represented by a
publishing company or GEMA as in your case). The other side is the
rights connected to the recording of the music and these rights you
have not yet clearly told us who owns. Recording rights are originally
owned by the performers, "the artist", and to make it legally possible
for a record label to mechanically multiply the recording and sell it
on the market the label needs to get a license from the
artist/performer/performers, typically fixed in a so called "artist
contract" (since it also deals with the label being given permission
to use the artists name as "a brand" and finally also dealing with how
future income shall be shared). So you need to check out who now owns
the recording rights. You? The label (which maybe IS you?)? The
"former label representative" bass player? Since you say you own the
master my guess is that you are the legal owner of recording rights?

-- 
Greetings from Sweden

Per Boysen
www.boysen.se (Swedish)
www.looproom.com (international)