Author's Right, Copyright and Free Licenses for Culture on the Web/Types of Content/Audio Content

53. Which economic rights are involved when synchronizing images and music?
The synchronization, that is the combination of music and images, is a form of elaboration of the work, through which the musical work is associated with other forms of expression, giving life to a new work. If this work has the characteristics requested by the law to receive protection, it can be identified as a derivative work. The elaboration/modification is one of the exclusive economic rights that the author can decide to transfer or grant in use, but it is also relevant in relation to the moral right of integrity, which allows the author to oppose any modification of the work that could damage his honor and reputation. The process of synchronization itself also presupposes the reproduction of the work.

54. To which rights holders shall authorisations be requested to?
Concerning the audio content, authorizations must be requested to the holder of copyright and related rights. In the first case, the authorization has to be requested to the authors of the work, or the publishers, if they are present. In relation to the latter, instead, the authorization has to be requested to the phonographic producer who has normally acquired the performing artists' rights by previous agreement.

55. Can I use music works under CC licenses? Which ones?
The musical works released under Creative Commons licenses are works that the author intended to share openly with the public. The terms and conditions of use are strictly related to the type of Creative Commons license under which the work has been released (for example, if the license contains the NC clause, the work may only be used for non-commercial purposes, or in case of ND clause the work may not be used for the creation and distribution of derivative works). Therefore, works released under a Creative Commons license and/or tool can be used, but always according to the conditions and modalities provided in the license/tool itself. In the case of NC clause, it’s always possible to conclude an additional agreement with the rights holder for commercial exploitation (CCplus).

56. Which rights are involved in an audio file?
First of all, an audio file qualified as a musical work is protected by Copyright law if it can be considered an original work as defined by Copyright law itself. In this case, the author has moral and economic rights related to this file. Therefore, the economic rights involved depend on the type of use, and the way of use is strictly related to the rights-holder will. At the same time, the audio file, intended as a sound recording, is protected by related rights and the artists and producers are entitled to those rights.

57. Is it necessary to ask for author’s consent when using all or part of a song, theme song, jingle or other audio or video content?
Yes, the partial or complete use of any video or musical work is subject to the authorization of the author and/or publisher. If, moreover, the work is fixed on an audio and/or video support (physical and/or digital) it’s necessary to ask the phonogram and/or videogram producer for authorization.