Copyright Management. This service assists the promoter in pulling together the diverse copyrights of actors and performers so that the promoter owns and can exploit the copyrights in the film and/or live performance.

In order to demonstrate how this service can assist in copyright issues, below is an example of the steps and strategy for a promoter of a film of a music festival. This will demonstrate the issues that would need attention and documentation, as well as how to marshal  the rights so that that the promoter can own the copyright in the film and performance and the rights for exploitation.

The various copyright and performance owners who must be addressed are as follows:

1.Film directors
2.Cameramen, sound recordists
3.Song writers
4.Music Composers -license to use and re-arrange
5.Playwrights- for use and adaptation etc.
6.Performers and actors
7.Infant performers
8.Narrative writers
9.Choreographers
10.Stage Back Drop artists

All of these copyright interests come under the Copyright Act, but some other interests must be created and acquired by the promoter. For example, the recording of a performance of a singer of the songs to be used in the film should be organised by the promoter. The promoter would then have to acquire the rights to the recorded performance of that song to form part of the overall film copyrights.

In addition, there maybe a significant amount of trade secrets, know how and confidential information that are used and or created throughout the creation of the film and its production and which are created during the production stage.  These should  be captured, protected and claimed by the promoter.

The promoter must come to terms with this technical approach to rights and recognize that he/she must bring all of these copyrights under his control. A failure to obtain the copyrights to use works from any of the above 10 participants may lead to the performance-film being unsaleable or the promoter's investment brought to a stand still and perhaps lost altogether.

The interests of the 10 participants mentioned above must be addressed in detail to ensure that the geographic area covered is widened (Australia only or the World), and whether there is to be an absolute assignment of the copyright interests of the performers and actors, singers and instrumental performers, or whether licenses for a term of 5 years or more are irrevocable.

The interests of those providing limited licenses for the music, songs, narrative etc. will ensure that you cannot assign your acquired interests beyond their control and therefore not adequately secure their copyright integrity and rights to ongoing royalties. These parties will tender rather restrictive and ridged contracts to ensure that their rights are not abused or used without their fully informed consent.

If you are interested in us providing a quotation for the assignments of copyright please advise us of your:

i) Your name or company name;
ii) ABN;
iii) Address;
iv)Telephone numbers;
v) Email address;
vi) The nature of the performance - play or film, or play and film;
vii) Identify the parties involved using numbers 1 - 10 above;
viii) Have you a license or option from the playwright to use or adapt his material?
ix) Identify the promoter if other than yourself; and
x) Do you need assignments of copyright from persons in 1 - 10 above?

Please reply to Gib Owen by email to:  gibson@lawfully.com.au or by fax to: 02 9411 3967 

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