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film music
some legal notes
by richard hahn and howard knopf
Putting music to film can be a complicated business. Here, Richard Hahn and Howard Knopf summarize some of the legal technicalities —a ‘must’ for any filmmaker’s file.
The production output of feature films in Canada has been estimated at $150 million for 1979. This compares to approximately $80 million for 1978. Canadian film producers suddenly have found themselves producing significant numbers of feature films for world markets. This rapid industry development has strained both creative and technical resources in Canada. Problems in the production of feature film music are therefore indicative of the Canadian film industry in general.
In Canada, copyright subsists in four distinct types of “works”; namely, literary, artistic, musical and dramatic works. Copyright therefore subsists in the material reproduced in the film, that is, such things as the scenario, the book on which the scenario is based, and the music. Therefore, the film producer must acquire rights to each of the elements which comprise the film, including the music used in the film.
This article will touch on some of the legal aspects of film music production and exploitation. The complexities in dealing with film music illustrate the need to establish a sound relationship between the film composer and the film producer at an early stage in the production process. Many of the issues to be resolved in the relationship between the composer and the film producer are legal in nature and are the subject matter for contractual negotiations. Therefore, reference is often made to precedents of the United States film industry. While this may be initially helpful in defining the issues, it should be noted that the agreement between the composer and film producer must conform to the provisions of the Canadian Copyright Act, Revised Statutes of Canada, 1970, c.C-30 (the “Copyright Act”) and to the provisions of copyright legislation applicable in each country in which the film music will be exploited. The differences between copyright legislation in the various countries must therefore be carefully considered.
20/December-January
Sources of Film Music
There are two basic sources of film music: music originally composed for film and music which existed prior to the production of the film. Each of these categories engenders distinct legal issues.
Original Music
In this instance the producer engages the composer to create music for the film. The composer may also be engaged to create the arrangements of the music and additionally to produce the master recording of the film music. In some instances, each of these roles is performed by a different person.
Pre-existing Music
The category of pre-existing music includes: previous recordings of music such as popular songs or symphonic works, rearrangements of such music which are rerecorded for the film. In the first instance, the producer secures permission to use both the music and recording of the music. In the second instance, only the right to use the music is required.
Rights of Copyright in Film Music The four rights of copyright relevant to film music are (a) synchronization, (b)