Cinema Canada (Dec 1979-Jan 1980)

is a “work for hire” a composer may lose rights in his music. It should be noted that sub-Section 12(3) noted above is also an exception to the general rule of ownership of copyright set out in sub-Section 12(1) of the Copyright Act which states: “12(1) Subject to this Act, the author of the work shall be the first owner of the copyright therein.” Other Considerations Prior to finalizing the agreement with the composer, the film producer should perform a title search to determine the existence of prior claims to the music. This task is made difficult by the voluntary nature in Canada of registration of copyright. This is in contrast to the United States where registration of copyright was necessary for music of U.S. residents until the revision of the United States Copyright Act, effective January 1, 1979. The title search will hopefully reveal the existence of obviously similar works. However, the producer should insist on a warranty from the composer that the music is original and that it does not infringe the rights of others. This warranty should also be coupled with a covenant to indemnify the producer. The film producer should also review the provisions of the International Copy Film Score Associates Michael Baker, president : Member: Guild of Canadian Film Composers If you are producing a motion picture, You need a score ! No matter what your subject or location, music will heighten the impact of the story and enhance the creative values of your film. Film Score Associates is a group of highly skilled composers and experienced technicians with diversified musical backgrounds. We offer filmmakers well-crafted and superbly recorded film scores. FSA services provide composing, arranging, orchestration, recording tape (up to 24 track) and recording studio facilities. For further information and demonstration tape, please write or telephone any of our Film Score Associates listed outlets. Mika Gah MICHAEL BAKER, PRESIDENT Toronto : 612-20 Aurora Crt., Scarborough, Toronto Ontario M1W 2M2 Tel. (416) 498-6676 Vancouver: 1163 W. 26th Ave., Vancouver B.C. V6H 2A6 Tel. (604) 738-4155 Los Angeles: 350 S. Fuller Ave., suite 6 D, Los Angeles California 90036 Tel. (213) 931-3030 24/December-January right Conventions. There are two International Copyright Conventions, the Berne Convention (to which most nations have adhered) which does not permit formalities of registration of copyright and the Universal Copyright Convention (UCC). Canada has adhered to both Conventions, but the United States has adhered only to the UCC. The UCC permits the protection of published works of copyright in member countries provided the works are published with the proper notice of copyright ownership. This notice may be in a number of forms, including the familiar: © publication date, owners name In the creation of a feature film, a number of elements are the proper subject matter for copyright protection. Notice of copyright must be carefully reviewed for all such rights. In many instances, the director of a film will differ with the producer concerning the music to be used and the choice of the composer. Since the director's contract is one of the first to be completed, and the composer's contract usually one of the last, it is suggested that many of the problems respecting film music could be solved by involving the composer at an early stage in production. Where music is derived from more than one source, or when a successful recording artist performs music in the film, the considerations of billing and credit must be reviewed and several credits may be required. In drafting the agreement between the composer and the film producer, reference is often made to United States precedents. Since the provisions of the Canadian Copyright Act govern the relations between the parties in Canada, the agreement must conform to Canadian law. The Involvement of Record Companies and Recording Artists The performance by a_ successful recording artist of the title song or other music in the film involves a number of issues. The performer may insist upon a royalty based upon a percentage of profits of the film and/or of the soundtrack LPin addition to a fee. A performer is often bound to an exclusive agreement with a record company which requires the company’s consent. As a condition of waiver of consent, the company may insist on distribution rights for the soundtrack LP or for 45 rpm “singles” culled from the LP. It may also require consent in determining which portion of the soundtrack should be released in the LP. Additional difficulties may arise in coordinating the release of the record and the release of the film.