The business of sync – placing music within ads, films, TV and games – is a hugely important business for labels, artists, brands and the creators of those other media. In this session, expert speakers will guide you through the main legal and commercial factors when negotiating a sync licensing deal

1. It’s a tough world out there for
licensors & rights owners!
Top notable sync disputes &
claims:

2. 2
The issue with “sound-a-likes”: how the courts are fighting
back
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

3. 3Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!
Increased use of
“sound-a-likes” in
advertising
• Distressing for
song writer!
More difficult to deal
with “sound-a-likes”.
Musicologist?
Much more
aggressive
approach taken
by music rights
holders
• litigation

4. 4
Blurred Lines’ decision: the revenge of rightholders
•Not sync deal per se obviously
•Allegations of plagiarism
•Fine line between “inspiration” & “copying”
•Thicke & Williams’ claims: ‘being reminiscent of a “sound” is
not copyright infringement’
•Objective facts to determine ‘intrinsic similarity of the
works’: signature phrases, hooks, beats, chords and
melodies?
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

5. 5
They’re playing our song: sue them!
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

6. 6
Lose Yourself but not in court
•Ronnie Mack v George Harrison – ‘My Sweet Lord’ case,
70s
•Sigur Ros v advertising agencies & brands
•Eminem’s publishers sue New Zealand political party for
copyright infringement, 2014
•Beastie Boys v Goldie Box, for unauthorised use of ‘Girls’,
2014
•Tom Petty & Jeff Lynne v Sam Smith, 2015
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

7. 7
What right owners can do upon finding unlicensed usage of
their songs
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

8. 8
Cease & desist letter – letter before court action
Instruct your lawyer!
Try to resolve this out-of-
court!
Negotiate?
OK to grant a sync
license?
OK to pay a premium on
top?
OK to grant a master
use license?
Litigation
No license possible
Other side does not
recognize liability
File law suit against
composer, brands,
agencies
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!

9. 9
Top notable sync disputes & claims: It’s a tough world out
there for licensors & rights owners!
Annabelle Gauberti
Associée fondatrice
annabelle.gauberti@crefovi.com
@Crefovi on Twitter
Top notable sync disputes & claims: It’s a tough world out there for licensors & rights owners!