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It’s a tough world out there for licensors & rights owners! Top notable sync disputes & claims:

MIDEM 2015 - MASTERCLASS: SYNC DEALS

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Page 1: MIDEM 2015 - MASTERCLASS: SYNC DEALS

It’s a tough world out there for licensors & rights owners!

Top notable sync disputes & claims:

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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!

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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

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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!

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They’re playing our song: sue them!

Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

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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, 2015Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

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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!

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Cease & desist letter – letter before court actionInstruct 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?

LitigationNo license possibleOther side does not recognize liabilityFile law suit against composer, brands, agencies

Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

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Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

Annabelle GaubertiAssociée [email protected]@Crefovi on TwitterTop notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!