Sequel to my article: História para entender os direitos autorais da música

As the music score is only the dna of a music work, Mr. Composer Author and Ms. Lyricist Author, the Co-Author couple need singers and musicians (interpretors) to give their music score life so that it becomes a Music Work. It is more than a caterpillar becoming a butterfly. It is more like the design of a house becoming the house itself.

As they do not know any interpretors, the Authors contact Mr. Publisher, a man with a big cigar who knows a lot of famous singers and musicians.

The Authors enter into a Publishing Agreement with Mr. Publisher. Under this agreement, Mr. Publisher is entitled to a maximum of 50% of the patrimonial authoring rights as the moral rights are non-transferable.

Second, let’s understand interpreting or neighbouring rights:

Mr. Publisher convinces Ms. Famous Singer to interpret the music score and to record it. To do it right, Ms. Famous Singer hires a Music Producer or Arranger who creates a sound and mixes the various instruments, adds noises and equalizes the recording. The Music Work is born.

Ms. Famous Singer also includes it into her repertoire and on her new album.

To finance the recording of several albums including this new, Ms. Famous Singer entered into a contract with Mr. Financial Producer.

The contract between the Financial Producer and the Interpretor depends on the status of the Interpretor:

• If the Interpretor is not producer of his own work then the contract she enters into with the record companyl is a recording contract through which she sold him her interpreting rights also called neighbouring rights. So, without acquiring any of the authoring or publishing rights pertaining to the music score, he acquires the master or original recording as well as all interpreting rights and thereby controls by accepting or refusing:
  1. the right of first public diffusion of the music work.
  2. the right of public performance of the music work
  3. the right of radio or televisual broadcasting of the music work
  4. the right of synchronization of the music work (in example as sound in a video, for a commercial purpose or for a public broadcast, an authorization from the producer is required)
  5. the right of adaptation generally requires at least the Authors authorization because of the infringement of their moral rights except for parody, mockery and derision, that are its legal exceptions.Often it requires as well the Producer’s authorization because it is the same music recording being used.
  6. the music work licensing rights including the music work mechanical reproduction rights.
  7. the derivative rights : sampling license, alteration of the music work license.
• If the Interpretor is also the Producer he is the holder of all seven above listed rights and then the contract she has with the record company is a distribution agreement.