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Copyright on Soundtrack, Music and Score
Copyrights for music, sheet music or soundtracks, regulated by Law No. 9,610/98 and some international treaties, are those guaranteed to the holders of rights over a given work. This allows the holders to use them exclusively. Therefore, from the creation of the work, some rights arise, which are divided into:
Assets
Authorizes the author to benefit financially as a result of the use of his music by other people. This right may be transferred in whole or in part to another person.
Morals
It allows the adoption of measures to protect the personal bond that arose from the creation of the work, such as the power to claim authorship at any time and the right to have the integrity of the work guaranteed. It is worth noting that the author cannot transfer this right to a third party, in addition to its being irrevocable.
The law does not have a definitive list of what is considered an intellectual work. This shows that in addition to the examples provided by the law, other types of works can also receive protection, such as music for cartoons and beats for rap.
Although the law does not provide for mandatory registration of works in order to protect the author’s rights, this is important because it ensures the author has the right to his creation, as well as proving its date. Furthermore, the first registration is the one that is validated, in case someone else usurps the work and also registers it.
It is important to know that the registration of the creation of the work is different from the registration made with ECAD (Central Office of Collection and Distribution), through one of its associations (Abramus, Amar, Assim, Sbacem, Sicam, Socinpro and UBC) for the purposes of public performance. Through this registration, the possibility of receiving amounts is established, if the work is performed on radio, television, bars, nightclubs, etc.
Soundtrack Recording
Most films have music. It adds a new meaning to the scenes and can also be a factor in the success of the film. The musical composition itself does not need to be registered, since there is no legal requirement for it, but for better protection of intellectual work, it is recommended that this type of work be registered.
For a song to be used in a film, express authorization from the copyright holder is required. However, if your work is used by a third party without due permission, the registration made previously will be important, since it serves as a means of legal proof. It may also provide a better resolution of conflicts, whether judicial or extrajudicial, and will make it easier to claim your right to receive payment for such use.
In order to be eligible for royalties for their public performance, film music must be registered (which is different from authorship registration) with ECAD, in cue-sheet mode.
Song Lyrics Registration
Music, defined as a harmonious and expressive composition of sounds, is present in many places. It is the lifeblood of parties, bars, shopping malls, and also acts as the main character in concerts and shows. Its registration is used mainly to avoid cases of plagiarism. Just like the registration of soundtracks, this also guarantees greater security for the author, should any conflict arise.
Your registration with ECAD is also important, since it is through this that the artist receives money when their music is played in certain places, such as shopping malls, stores and spaces where there is an audience.
Score Registration
Defined as a graphic material with the presence of printed or handwritten notations and which shows all the parts of a musical composition, the score is essential for the execution of a melody, in addition to being a universal reading code. Its registration is of great importance, as it protects the authorship of the work.
Other Works that are eligible for Registration
The law does not have an exhaustive list, but rather merely an example. This means that the provisions contained in the paragraphs of article 7 of the copyright legislation allow other types of works to be eligible for registration, such as music for commercials, cartoons and soundtracks for theater.
What are the main benefits of registering copyright?
See below the main benefits you gain when registering your copyright:
- International validity (192 countries) of the registration. The Copyright Law protects your work everywhere. This makes it much easier to prove plagiarism and claim your rights.
- International validity (192 countries) of the registration. The Copyright Law protects your work everywhere. This makes it much easier to prove plagiarism and claim your rights.
- There is no renewal fee: the registration is valid for the author’s entire life and for 70 years after his death.
- The process is simplified and less bureaucratic, with the certificate being delivered in a short space of time.
- It is completely safe, therefore impossible to counterfeit.
- It protects moral rights (rights linked to the author’s personality) and patrimonial rights (which refer to the economic use of the work) with complete clarity.
Frequently Asked Questions
The law guarantees copyright from the moment the work is created, so registration is not mandatory. However, by doing so, you will have proof of authorship, which prevents problems involving plagiarism and misuse and increases the protection of the work. Registration is important to provide greater security, should you need to claim or prove authorship.
You can even try to produce and bring other evidence in the event of a dispute about authorship, however, the safest and most recognized way to prove that the music, score or soundtrack is your creation is through registration with the appropriate authority.
Payments can be made through contracts or other means. Payment for the public performance of your music is made through ECAD. To do this, you must be a member of one of its associations and register your works.
Registration with the National Library Foundation or the UFRJ School of Music is important and facilitates proof of authorship of the work. However, it does not guarantee receipt of money, since it is only a means of proving ownership. To receive the money arising from the right to public performance, as stated above, the music must be registered with ECAD, which will forward the amounts due to the artist affiliated with one of its associations.
ECAD, the Central Office for Collection and Distribution, is managed by seven associations (Abramus, Amar, Assim, Sbacem, Sicam, Socinpro and UBC) and one of its roles is to establish communication with spaces (virtual or physical) that use music, such as concerts, hotels, television, streaming, etc. It is also responsible for collecting funds for the public performance of works and distributing them to artists who have their music registered with one of the associations.
We can say that it is any and all use of a song in a place where there is an audience. This right is derived from property rights, so the performance of the song will only be possible if the author allows it.
In some cases, yes. Using music exclusively to demonstrate equipment to customers does not constitute an offense to copyright. The same applies to cases in which the musical performance is performed solely for educational purposes in educational establishments, and in no case is there any intention of profit, as provided for in article 46 of Law No. 9,610/98.
It may be more difficult to prove your authorship in cases of plagiarism or in circumstances that involve the need to prove your connection to your work.
This right will be protected for 70 years from January 1st of the year following his death. Therefore, if the artist has successors, this right will pass to them.
Depending on the content inserted, yes. Parodies that do not discredit the original work and are not true reproductions of it are not required to request authorization from the artist, as provided in article 47 of the copyright law.
Furthermore, the understanding of the Superior Court of Justice (STJ) is that parody is considered a form of expression of thought and that it is one of the limitations of copyright, therefore implying that there is no need for authorization from the artist who owns the work, whether for commercial, electoral, educational or any other purpose. However, nothing prevents the author of the song from speaking out against it and trying to prevent the dissemination of the parody, leaving the parties to reach an agreement on the exhibition of the work.
The terms of the contract may contain elements that primarily benefit the record label, neglecting your rights as an artist. That’s why it’s recommended and important to schedule a consultation before signing, so that the contract can be analyzed in order to provide more balanced clauses.
Yes, at the time of registration you must indicate whether the music, soundtrack or score were created in partnership.
