Law
95 hours
Copyright Law
- The Authors' moral and economic rights
- The criteria and practical arrangements for the protection of copyrighted works
- Commercial terms related to the commercialization and diffusion of a musical work
- Intellectual property: works protected by copyright law, original works and derivative works, works of collaboration, composite works, collective works.
- Moral rights: overview of moral rights, the right of disclosure, the right to respect for his name, his authorship and his work as attached to his person, the right to respect for his work, the right to reconsider or withdraw from agreements, the exercising of moral rights in case of joint authorship.
- Economic rights: reproduction rights, performance rights, resale royalty rights, the exercising of economic rights in case of joint authorship
- Commercial Agreements – applicable provisions, publishing contracts, assignment of his right to commercialization agreements, audiovisual and production agreements, advertizing and publicity agreements, performance agreements, Infringement & seizure, infringements and sanctions.
Neighboring rights
- Rights of performers and of phonogram and ideogram producers: rules of general authority and applicable law
- Conditions of use and performance of cover material (Interpretations) & recordings
- Performers’ and producers' wages and salaries
- Intellectual property
- Performer rights: definition of « a performer », the particular features concerning the moral rights of performers, the right to respect for his name, his authorship and his work as attached to his person, the right to respect for his performance (interpretation), the right to reconsider or withdraw from an agreement, fair remuneration and enforceable license. Overview of the rights of phonogram and audiovisual producers / Definition of a producer: the exclusive right to authorize or forbid the use of recordings, fair remuneration and enforceable license, remuneration for the private copying of musical products.
- Piracy related infringement: seizure, attachment, infringements and sanctions
Assignment and publishing agreements / contracts
- Contractual relationships between an author and a publisher
- Overview of rights and revenue sharing practices
- A publisher’s obligations as concerns commercializion and diffusion
- Transfer of rights from an author to a music publisher, the range & destination of reproduction and performing rights
- The duration of the right of commercialization, contracted territories
- Uses of musical publishing, the publisher’s obligations in terms of means & results
- Music publishing, graphic & phonographic publishing, synchronization & audio-visual adaptation, options & preferences
Exclusive Recording Agreements & Record producer agreements
- Analyzing & negotiating an exclusive recording contract
- The Artist's & producer's obligations
- Royalty rates, allowances & negotiable advances
- The reasoning behind an exclusive recording contract & the reasoning behind a record producer agreement
- The exclusive rights given to the producer, the catalogue clause, contractual & optional recordings
- Distinctions between the duration of a contract & the duration of exclusivity and territoriality clauses
- The recording budget, commercialization rights transferred to the producer, the calculation of royalties, revenues & allowances according to the method of commercialization
- Sales reports & royalty payment schedules, promotion & contractual marketing
- Music videos, merchandizing, tour support, options & preferences
Licensing Agreements
- Analyzing & negotiating a licensing agreement
- The affect of licensing agreements on trade
- The reasoning behind a licensing contract, the transfer of commercialization rights, reproduction rights, communication & performing rights, derived use rights
- The producer's guaranties & the licensee’s obligations
- Duration of contract and commercialization rights, territory issues.
- Manufacturing, advances, practiced royalties & allowances, the sharing of revenues between the licensee & the producer
- Marketing & promotion, options & preferences
Distribution agreements
- Analyzing & negotiating a distribution contract
- Obligations of the parties involved
- Impact on the Commercial situation
- Modalities for the distribution of music via online channels
- The reasoning behind a distribution contract, the transferring of commercialization rights
- The producer's guaranties and the distributor's obligations
- Exclusivity, duration, territories « an ambiguous idea »
- Manufacturing, stocking, merchandizing and restocking
- Common practices for distribution margins, royalties & allowances, revenue sharing between the distributor and the producer
- Returns and unsold copies
- Marketing and promotion
Live performance agreements
- Analyzing & negotiating a live performance contract or a co-production contract
- The impact of these contracts on touring and live performance
- The various types of agreements
- Differences between contracts, the producer's and organizer’s obligations & guarantees
- Exclusivity & duration of the contract
- The venue, the stage, travel arrangements & accommodations, technical needs, insurance
- Prices, methods and terms of payment, how revenue is shared
- Marketing & promotion
Personal management agreements
- Formal relations between an artist & his/her manager
- The manager's obligations & uses
- The essential contractual clauses for developing an artist's career
- The reasoning behind a personal management contract, the definition of a manager & his/her main functions
- Exclusivity, power of attorney & taking decisions
- The duration of the contract, its options, issues related to the manager’s roster, territory issues
- Managers' & agents' commercial practices
- The artist's guarantees, the manager's obligations in terms of means & results
- The sharing of revenues, royalties & the range of the manager's remuneration
- Merchandizing derived products and the material means for presenting an artist (posters, advertizing, sponsoring)
- Management of the artist's revenues.
A pedagogy based on the exchange ...