The rights granted to the first maker include the rights to publish, reproduce, rent, and make the sound recording available to the public. These rights can subsequently be transferred to the benefit of the new owner of the master recording.
A music video is a cinematographic work. Copyright additionally grants the exclusive rights to produce or reproduce the work, communicate it to the public, publish it, transfer ownership, and authorize these actions.
The right of first publication is the right to market and make a sound recording or music video available to the public.
The reproduction right is the right to authorize each copy of a sound recording or music video, particularly for broadcast purposes.
The rental right is the right to grant, for a fee, the usage or exploitation of a sound recording or music video to a third party.
The right of making available to the public is the right to communicate a sound recording to the public via telecommunications, allowing access at a time and place chosen by the user.
Copyright for sound recordings expires at the end of the seventieth year following the calendar year of its first fixation. However, if it is published before the expiration of copyright, it extends until the end of the seventy-fifth year after the calendar year of its first publication, or, if earlier, the end of the one-hundredth year after the calendar year of its fixation.
For music videos, as cinematographic works, copyright lasts for the life of the author plus seventy years after their death.
The term "Neighbouring Rights" derives its meaning from the specific protection regime granted to makers for their sound recordings.
These are rights described as "neighbouring" to copyright because they do not pertain to a work in the traditional sense of the term (literary, artistic, musical, or dramatic work), but rather to the means used to share this work so that it can be made available to the public.
Sources of Royalties
The copyright holder of a published sound recording cannot authorize or prohibit its public performance or communication to the public by telecommunication. In return for this usage, they are entitled to receive "equitable remuneration" for the performance or communication to the public. The royalty rates to be paid by music users are set by the Copyright Board of Canada.
For any reproduction of a sound recording other than for private use, the copyright holder has the authority to authorize or prohibit it. Panorama negotiates general licences on behalf of its members, which, in exchange for a royalty, allow music services to reproduce sound recordings from its repertoire for broadcasting purposes
Canada's Copyright Act provides an exception to the reproduction right, authorizing the reproduction of sound recordings for private use. In return, the owner of the copyright in the sound recording is entitled to remuneration for this type of copying, known as “private copying”. Tariffs for private copying royalties are set by the Copyright Board of Canada.
Panorama negotiates general licences for all music videos in its repertoire. These licences include royalties to be paid for public communication and reproduction for broadcast purposes. Background music services, cable distributors, and any other commercial use of music videos require a licence. Panorama does not collect royalties from streaming services for music video broadcasting.
