Clearing the rights to content (video, photo, music, etc.) is our author’s service: which we have been providing since 2009, when we realized that TV projects and the film industry, bloggers, advertising agencies need quick and high-quality solutions regarding content. All these creators of their own content with borrowed elements have calculated production budgets, but they want to know what the cost will be, for example, a piece of music (song), in order to include it in their project (TV program or YouTube channel, commercial).
Search for copyright owners, negotiations and consultations, bidding for pricing, approval of a list of methods of use, drawing up contracts and checking (amending) existing documents, analyzing the availability of the necessary amount of copyright from copyright holders legally issue licenses for the use of such rights; control over the legally competent use of content in accordance with the agreements set forth in the terms of the signed agreement and correct titration of authors (indication of the name of the work and authors). This is a huge amount of work that our law firm can and can do.
The procedure for clearing rights, using the example of songs (musical works with text) for a music show, includes:
1) Receiving a request from the Client for cleaning and agreeing on the form of our work, there are several options for choosing the Client, depending on its capabilities:
- “turnkey cleaning”, where our Company enters into license agreements with all Copyright Holders, which will appear in the relevant request, assuming the full degree of responsibility for clearing rights. That is, the chain of transfer of rights to use songs will be as follows: Copyright holders (no matter how many of them are depending on the number of songs for cleaning) sign license agreements with us, and then on the same terms we transfer the rights to use songs with ONE Contract to the Client.
* in this case, the payment for our services does NOT include the cost for the rights that will be transferred to the Copyright Holders. There will be two types of payments from the Client:
- Payment for our cleaning services (one taxation system, according to the legislation of Ukraine)
- Payment of the cost of rights (royalties), which is then distributed by us (from our account) to the Copyright Holders depending on the rates declared by them (another taxation system, according to the legislation of Ukraine).
- cleaning “on the Client’s documents,” where license agreements with the Copyright Holders will be concluded directly with the Client, and our Company provides, conditionally, as an intermediary:
- negotiations with all Copyright Holders,
- verification of all contracts from the Rightholders and/or preparation of such contracts (stipulated additionally) and their agreement with the Client,
- control over signing of contracts and transfer of copies to the Client,
- control over payment by the Client of the cost of the right to use to each of the Copyright Holders.
* in this case, the Client pays only for our services, with the Copyright Holders the calculation goes directly.
- search services for the Rights Holders, where we, at the request of the Client, only find the rights to each song and the approximate cost for the transfer of rights to use and further, transfer the contacts of the Rights Holders to the Client, who independently continues communication on all cleaning issues with them directly, without our participation.
* in this case, the Client pays only for our search services.
2) Working with information about the Client’s project – we find out all the details (in terms of 3 to 5 days, depending on the Client’s feedback speed):
- which music show needs cleaning, its characteristic, end user and broadcast channel (if provided), etc.;
- an accurate list of songs and artists, as well as information about their use in the show: for this we have a form of a questionnaire table specially developed by the company’s specialists, where everything is recorded – from the name to the cost for using songs;
- we specify the Client’s budget for cleaning, at least approximately, in order to assess all possibilities and optimize the process of negotiations with the Copyright Holders.
3) Work with Copyright Holders: both individual Publishers and Labels, and, directly, with the songwriters themselves, if they themselves manage their rights (in terms of timing, it all depends on the songs themselves and their number in the request, the search can take from one week to one to two months, everything is very individual, and in some cases the Copyright Holder can not be found at all):
- sending requests by the potential Copyright Holder, which includes information about the use of songs, to find out who exactly has rights to each of the songs, as well as approximate rates for cleaning (this ends our services in the form of work in));
- negotiations on the price for each song and the formation of a general budget for clearing rights for the Client’s show, as well as the agreement of the finished budget with the Client (in the form of our work a) and b), indicated above);
* The client may remove or replace any songs at this stage to optimize his expenses; for new songs, the rights search scheme begins with the new one in the same order.
4) Contractual work:
- conclusion of license agreements with all Copyright Holders and the corresponding Document with the Client for transfer to him of rights to use all songs along the chain (in the form of our work a);
- verification and/or preparation of license agreements between the Rightholders and the Client, mediation in coordination of all amendments on both sides (in the form of our work b);
5) Payment of services and royalties (amounts for the transfer of rights):
- receiving payment for our services and the total cost of royalties to distribute them by us to all Copyright Holders (in the form of our work a)) from our account;
- receiving payment for our services (in the form of our work b));
- signing of all necessary Certificates in any form of work.
* In the process of working on the cleaning of rights, everything depends on the Client’s request and some stages of work can stretch very much in time (for example, if it is a long-term project for several seasons). Therefore, the sooner you contact us to clear the rights for your project, the more chances that by the time it is made public you will have all the issues related to the use of intellectual property of third parties.
Among our successful clients in terms of clearing the rights to musical works should be noted: Evening Quarter, Matchmakers, Kyiv Evening, Multibarbara, League of Laughter, Country U, Maidans, Purely News, People’s Star (3 seasons), TV star, projects of the Kyiv channel, programs of the shopping center Ukraine and many other talented projects.
In order to get more information on the rights cleaning service, we recommend that you write us a request for your project, and we will gladly study it and tell you how to better organize your activities using someone else’s author’s content legally.