COPYRIGHT, MUSIC

CLEARANCE & INSURANCE

INTRODUCTION TO
COPYRIGHT

What is copyright?

Copyright is a set of exclusive legal rights given to the

author or creator of an original work that includes the right
to copy, distribute, adapt, perform and display the work in
public. The work itself does not necessarily have to be
unique. The owner of the copyright to the material has the
right to copy, print, and distribute their work.

COPYRIGHT

Anyone else who wants to reuse the work in this way has to
obtain permission from the owner. Copyright law is
automatically granted to an author or creator of a work as
soon as the work is created.
If work is created by an employee, then the employer is the
copyright holder.

COPYRIGHT

An idea is not protected by copyright. It is the use of that

idea (such as a novel or song) that is protected. For a work
to be protected by copyright, it has to be in tangible form
such as a book, e-book, software, music disc, painting, etc.
Copyright does not protect names, titles, facts, ideas,
discoveries, systems, common words, phrases or methods of
operation. It may, however, protect the way these things are
expressed, provided they meet the necessary criteria for
copyright registration.

COPYRIGHT

What can be copyrighted?

The following are some examples of works that can be copyrighted:

literary works, including books, poems, theses, publications, handbooks and manuals
motion pictures, TV series and dramatic works, including any accompanying music.
pantomimes and choreographic works

computer software and animations

computer software - graphical user interfaces

songs, song lyrics, sound recordings, and music

photographs, graphics, images, pictures

web pages

educational materials including texts and tests

program signals

broadcasts (radio, television, etc.)

works of art including paintings, sculptures, architecture, and computer graphics

COPYRIGHT

How can a work be copyrighted?

Under the South African Copyright Act No. 98 of 1978, you

do not need to go through a copyright registration process in
South Africa. Once you have created the work the copyright
registration process is complete. You can, however, obtain
copyright registration in other countries such as in the USA.
To be eligible as an author or creator of a work in South
Africa, you need to be a South African citizen or resident.

COPYRIGHT

The Copyright Act does not prescribe any formalities for copyright protection and the
right becomes enforceable on the date of the works publication. It is, however,
advisable to put your name and the date of publication together with your claim:

Copyright (Year) Author's name

All rights reserved

At a university all staff and students applicable work that was published in the
course of their work or studies must carry the following copyright identification:

Copyright (Year) University of Cape Town

All rights reserved

The (Year) represents the year in which the work was first published. According to the
Bern Convention of 1886, all work that was first published in South Africa will also be
protected internationally.

COPYRIGHT

How long does copyright last?

In South Africa the term of copyright is 50 years from the

end of the year in which the work was first made or in which
the author dies or is presumed to have died. Only once the
copyright expires does the work fall into the public domain.

COPYRIGHT

What is the public domain?

The public domain refers to works that are either ineligible for
copyright protection or has an expired copyright on it. It is the
total absence of copyright protection for a piece of work that
is not owned or controlled by anyone. The term indicates that
work is "public property" and available for anyone to use for
any purpose. If the work is within the public domain there is
no ownership rights associated with it. It may be said that
everyone and no one owns the work. Therefore, anyone may
reproduce the work, distribute it, adapt it, etc.

COPYRIGHT

Works become part of the public domain when:

the original author or creator places their work in a public

domain,

the copyright expires and the owner does not renew the
copyright for their work,

the work is no longer owned by the original author,

no law exists that establishes proprietary rights to the

author or creator, or they are specifically excluded from
existing laws,

they were created before copyright laws were passed.

MUSIC CLEARANCE

What is music clearance all about?

While music clearance is usually the job of the Music
Supervisor of a film or television production, filmmakers may
need to function as the Music Supervisor where it is not
possible to hire a Music Supervisor. In any case, it is
advantageous for filmmakers to be familiar with the job of
the Music Supervisor.

MUSIC CLEARANCE

Music clearing is the process of negotiating and obtaining

permission from a publisher to use one or more songs or
source music cues in a film or television production, and
negotiating a fee for that use. The end result is a
Synchronization License, in which all the terms for usage of
the music are clearly stated.
If you wish to use an existing sound recording of the music
in a film or television project, an additional license called a
Master Use License from the owner of the sound recording is
usually required.

MUSIC CLEARANCE

It is wise to start as early as possible with the licensing

process, because many times music is published by more
than one publisher and the process of negotiating with each
publishing company can be quite time consuming.
Once you've identified the music you want to use, the first
thing you'll need to do is identify the publisher(s) of the
music.

MUSIC CLEARANCE

All music is subject to copyright protection unless it is in the

public domain.
Clearance means determining who owns the copyright to a
piece of music and negotiating a license to use that material
for exhibition and distribution in specific territories and
media in exchange for the payment of a fee to the copyright
owner.
To secure rights to a composition, start by approaching the
author; the authors estate, lawyer, publisher, or agent; or
the organization that represents the publisher and licenses
those rights on its behalf.

MUSIC CLEARANCE

Once you've obtained the publisher information, call the publisher(s) to determine
what information they will need to give you a quote. Usually, publishers will require
a written request letter stating all the terms of your proposed usage of the music. A
typical quote request letter contains the following information:

* Title
* Author(s)
* Duration of the song (if unsure, decide on a maximum length the usage could be
and
state "up to but not more than...")
* Territory, for example, the world, S.A , film festivals, the universe, etc.
* Proposed Advertising and marketing uses such as trailers and television/radio
commercials
* Description of the scene where the music will be used (sometimes publishers will
request script pages or rough video footage). Also included here would be whether
you wish to use an existing sound recording or intend to re-record the song.
* Length of the license, usually in years or in perpetuity

MUSIC CLEARANCE

After receiving a quote it is important to send a letter

confirming all the terms of the license. The publisher or record
company will then issue a license when the fee has been paid.
At this point you may want to request that the publisher or
record company supply you with exact information for the end
title screen credits.
When contacting publishers, ask what percentage of the
publishing rights for the music they own. You want to make
sure 100% of the publishing is accounted for. Also, world
publishing rights of some music is divided - one publisher may
own the domestic publishing rights, while another may own
the foreign rights.

MUSIC CLEARANCE

You might have heard that you can use a few bars
from a song for free. This is false. You will be
prosecuted, fined or sent to jail!

MUSIC CLEARANCE

If you use a song that has not been cleared, you carry the
risk of being caught. Failure to clear the music might result
in an injunction and large legal fees. You may have to pay an
out-of-court settlement or have to make extensive changes
to your show to remove the musical selection.

BLANKET LICENCES AND

MUSIC CUE SHEETS

Some public broadcasting entities, such as SABC, MNET,

have blanket agreements and compulsory licenses that may
allow you to use music without clearing it with rights
holders. This only applies to television broadcast. You may
still need other rights if the project is shown elsewhere.
Blanket License:
A license issued by MRO that authorizes the public
performance of all the songs in the societys catalog. Paid
annually, it allows a customer to perform any of the works
on the database of a particular MRO as many times as they
want without filing individual requests.

BLANKET LICENCES AND

MUSIC CUE SHEETS

If a broadcaster has a Blanket License Agreement the

Production Company supplying the production to the
Broadcasters must submit a Music Cue Sheet with each
episode or Production delivered to the Broadcaster.
This tasks normally falls within the duties of the Editor or
Final Mix Operator but is ultimately a Production (Producer or
PM) responsibility.
Lets look at a Music Cue Sheet template.

BLANKET LICENCES AND

MUSIC CUE SHEETS

There are music clearance houses that handle all the details
of locating the rights holder, negotiating a deal, and sending
out or requesting the contract. Because they handle a
volume of business, professional clearance people can
accomplish these tasks in a fraction of the time and many
times negotiate a better deal.

So enter

MUSIC CLEARANCE

MUSIC CLEARANCE

FILM INSURANCE

Insurance plays an important role in motion picture and

video production. Having insurance is as essential as having
film stock or the right camera. In the course of normal life,
calamities can happen and life goes on. In the course of a
production, a car accident, sickness, a robbery, or a fire can
bring the production to a screeching halt.

FILM INSURANCE

A budget, even with a contingency of 10 percent, is not

flexible enough to cover keeping a crew standing for days,
even weeks, while the lead actor recovers from an accident.
This is why you need some type of protection for the
unexpected occurrences that could happen in the course of
the finely orchestrated movement of material, equipment,
and people.

FILM INSURANCE

Some insurance companies specialize in entertainment

insurance packages. They will evaluate the needs of the
production and provide a price for appropriate coverage.
You might not be able to afford everything the company
recommends, but it is highly recommended that you carry
at least equipment and comprehensive liability coverage.
You dont want to be personally responsible for property
damage or injury on the set. Equipment houses will not rent
to you without equipment insurance. Some offer their own
insurance, but many dont.

FILM INSURANCE

1 Public Liability
Public liability coverage protects the production company
against claims for bodily injury or property dam- age liability
that arise from filming a picture. Coverage includes use of
all nonowned vehicles.
Public liability policies do not cover accidents arising from
the use of aircraft or watercraft. This coverage must be
purchased separately.

FILM INSURANCE

2 Miscellaneous Equipment
The miscellaneous equipment policy covers you against risk
of direct physical loss, damage, or destruction to cam- eras;
camera equipment; and sound, lighting, and grip equipment
owned or rented by the production company. Coverage can
be extended to cover mobile equipment vans, studio
location units, and similar units upon payment of an
additional premium.

FILM INSURANCE

3 Third-Party Property Damage Liability

Third-party property damage liability coverage pays for the
damage or destruction of the property of others (including
loss of use of property) while the property is in the care,
custody, or control of the production company and is used or
is to be used in an insured production.

FILM INSURANCE

4 Errors and Omissions

Distributors usually require errors and omissions cover- age
before the release of any production. It covers legal liability
and defense against lawsuits alleging copyright
infringement; unauthorized use of titles format, ideas,
characters, or plots; plagiarism; unfair competition; and
invasion of privacy. It also protects against alleged libel,
slander, defamation of character, and invasion of privacy
suits.

FILM INSURANCE

5 Cast Insurance
Cast insurance reimburses the production company for any
extra expense necessary to complete principal photography
due to the death, injury, or sickness of any insured
performer or director. Insured performers or directors must
take a physical examination before they can be covered.
Coverage usually begins three weeks before the beginning
of principal photography.

FILM INSURANCE

6 Negative Film and Videotape

Negative film and videotape coverage insures against all risks
of direct physical loss, damage, or destruction of raw film or
tape stock, exposed film (developed or undeveloped), recorded
videotape, soundtracks, and tapes, up to the amount of insured
production cost.
This coverage does not include loss caused by fogging; faulty
camera or sound equipment; faulty developing, editing,
processing, or manipulation by the camera operator; exposure
to light, dampness, or temperature changes; errors in judgment
in exposure, lighting, or sound recording; or from the incorrect
use of raw film stock or tape.

FILM INSURANCE

7 Props, Sets, and Wardrobe

Props, sets, and wardrobe insurance provides coverage for
props, sets, scenery, costumes, wardrobe, miscellaneous
rented equipment, and office contents against all risk of
direct physical loss, damage, or destruction during the
production.

FILM INSURANCE

8 Office Contents
Office contents insurance is all-risk coverage (subject to
policy exclusions) on office contents, subject to a low
deductible.

FILM INSURANCE

9 Animal Mortality
When animals are used in the production, consideration
should be given to special animal mortality coverage.
This policy insures against the death or destruction of any
animal covered. A veterinarians certificate is usually
required for this coverage. If the animal is a principal
character, the cost to be paid to finish principal photography
might be covered under cast insurance.

THANKS

END
THANKS!