Barry Kirsch Productions (BKP) sets up a copyright clearance initiative with The Rights Lawyers

Owner of BKP, Barry Kirsch said, "Companies are beginning to realise the importance of adhering to correct guidelines when using copyrighted materials but are not aware of procedures. The region is waking up to the issue and the difficulties presented may discourage the use of using materials legally. Help is at hand though as the music industry teams up with legal firms to do it the right way."

"If an existing track is to be used as is, clearances are needed for phonographic (the right that exists in the recording) and publishing (the right that exists in the copyright) before using the material. If the intention is to re-record a work then only one clearance will be required for publishing."

Advertising agencies and production houses should be aware that if they do not clear the music rights first, they may be facing a liability towards the copyright owners, as well as a potential liability towards their clients. Our role is to help agencies and clients to find a safe and commercial way to use the piece of music they believe will really make the difference.¨ says Lara Haidar, partner at The Rights Lawyers.

¨We work with them to determine what they wish to use, how, what kind of permission they will need and how to get that permission.¨

¨Being a firm specialising in intellectual property, media and technology, one of The Rights Lawyers' objectives is to develop awareness of intellectual property in the market and the region. Music copyright is one of these¨ adds Lara.

There are no guarantees for getting a music license. It is always the decision of the copyright owner whether to grant a synch license or not and the prices often depend on the value that the rights owners place on the work and the contractual position of the work. For instance, there may be a worldwide deal already in place.

"Any foreign language versions or parodies that change the fundamental nature of the copyright generally need to be approved by the copyright holders. The procedure can be easy or complicated as there are sometimes complex publishing arrangements, particularly with co-publishing deals or trusts where the composer is deceased," added Barry.

In the case of Arabic copyrights, the process can be extremely difficult because of the vagaries of where the rights sit. And tracking the rights is more complex because there is no copyright society in the GCC.