Byron Pascoe: The way to avoid copyright infringement with respect to music in productions is to not infringe someone’s copyright; i.e., to create original music. It’s as simple as that. There are only so many keys, chords, and options with respect to music, but as a producer, you’ll want to ensure that if you’re hiring someone to create music, that they’re not copying from other people; that they’re creating original work that’s based on some form of skill and judgment, it’s original to them or the people you’re hiring collectively, and it’s not copying other works.
If a producer receives notice from another lawyer or artist or manager that the music in that person’s production infringes upon another person’s rights, they should contact their lawyer, and the lawyer should quickly thereafter contact the film insurance broker. The lawyer’s role would be to review the situation, see if it’s frivolous or legitimate; e.g., it may be that there was a creative collaborator and we thought that there was an agreement with this person but there wasn’t, there may have been an unsigned contract, etc. These things should have been figured out when the lawyer was doing their due diligence earlier but it’s possible that something fell through the cracks.
Or someone may have just heard something in a movie and feels like something they created in their basement sounds similar. There’s a variety of different possible claims that someone might make and the film producer should contact their lawyer immediately. Be upfront about the specific circumstances. Does the producer have a relationship with this person? Tell the lawyer everything and the lawyer will review it to determine if the demand is reasonable or not and what we’re collectively going to do about it.
Byron Pascoe is an entertainment lawyer and partner at Edwards Creative Law
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About: Edwards Creative Law - Canada's Entertainment Law Boutique™
We’re entertainment lawyers who understand the business of creative industries. We guide creators and business professionals as they navigate the legal complexities of working with others—purchasing, financing, creating, licencing, and protecting creative properties, buying and selling creative services.
We act for clients from across Canada and around the world – working in Canada with Canadians. We advise on and structure their commercial transactions, their employment and independent contractor relationships. We incorporate and administer their corporations. And, if necessary, we resolve their disputes.
About: Front Row Insurance Brokers Inc. is an independent insurance broker that specializes in the entertainment industry – specifically, the film industry. Front Row works hard to provide insurance protection for a very low cost. Should a claim occur, Front Row works diligently with clients and insurers to expedite the payment.
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