Marisa Gandelman

Marisa Gandelman

I worked as a musician and music teacher. I became a lawyer in copyrights. I did a Doctorate in International Relations and worked as CEO in a composer’s association. Now I’m an educator again.

Location Brazil


  • I'm saying that the book publisher has rights on the edition the publisher creates and produces. The writer has rights on his/her text, but not on the edition of the book published under a publishing contract the writer signed with the publisher. Once this publishing agreement is finished, the writer may have the rights to publish the work back to his control,...

  • It means that we are talking about immaterial goods. The painting is the material object where the author materializes his/her work.

  • It is not a problem of control, but of certain concepts that justify copyright protection. As an object with a functional aspect more than an artistic, it doesn't fit so easily into the concept of originality.

  • The common aspect is that all the sector have an artistic work as an essential or important element of the products/services they offer in the market. They are orgnised in different sectors because they offer different products/services, through different business models.

  • Good to hear!

  • This is the point. We think that work, in general, has to be paid, we are used to the idea that we exchange work for money or the means to get the things we need. However, when talking about imaterial goods, such as artistic works, it is not so easy to connect with the idea of work you exchange for money.

  • De acuerdo.

  • Yes.

  • Maybe from the government, in the case of those controlled by the government.

  • But still he is the composer and the copyright owner of the song himself performs.

  • The relationship of the producer with writers and directors is not of licensing. The producer would be a licensee of third parties, such as copyright owners of existing works and recordings that may be included in the film.

  • Good to know!

  • @AnahitMnatsakanyan To record a musical work, the performer/producer need the license of the author/copyright owner. This is the general rule and applies every time one wants to record a musical work. However, in certain countries, once recorded and published, one person can record that work with no requirement of previous written consent from the...

  • To the heirs of the late author. If there are no heirs, it goes into public domain.

  • @AnahitMnatsakanyan If a performer goes to the studio to record his/her performance, there should be an agreement between performer and producer regulating their relationship, including the transfer of rights from performer to the producer and the share of performer in the economic results produced by the commercial exploitation of the recordings.

  • The rights go back to the author. The authors should inform the PRO about the changes in the control of the rights of their works. The work of a PRO in the documentation of work is very dynamic. Catalogues change hands and agreements may finish. Details have to be updated all the time.

  • No, I'm talking about visual arts, such as paintings. It is painted in one object which is the picture, the painting. Once the original is sold, the author doesn't have the object any longer but still owns the rights on the painting that is fixed in the picture.

  • @AnahitMnatsakanyan If a person or a company wants to practice a commercial activity involving products and services based on artistic works protected by copyright, they need a license from the rights holders. Depending on the kind of work and kind of commercial activity, it is not possible to get an individual license for each work, or pay one by one. For...

  • There are situations that the law sets the copyright owner despite of authorship. Very specific situations that are explained in the law, such as work made for hire, or commissioned works. If it is not written in the law, copyright belongs to the author until the moment that the author transfers it to a contractor, a person or a company, interested in...

  • Good to know that you like it.

  • It is not necessary to transfer the copyright. This is why we call it license, as there is no copyright transfer, rights remains as they are originally. The copyright owner gives an exclusive license to the licensee to commercialize the work, or production.

  • Very good! Thanks for being with us.

  • @SelinaW Still you are talking about writing, drawing, etc., which is creative work expressed through artistic language. The technique, the technology, etc., may change, but still the product, or the content, is constituted by works protected by copyright.

  • This is the idea: organize to be able to define the key terms and combine them.

  • I can't tell you how it works in Denmark. But I can say that it doesn't exist a uniform definition, or a common rule defining who are the authors of a film. it changes from one country to another.

    But we also know that a film, or audiovisual production is a collective work, meaning that there are different and autonomous authors, hired by and working under...

  • not any product, but those that have as its main element an artistic work of any kind.

  • Sure.

  • Who would you suggest?

  • Exactly!

  • Interesting!

  • Registration is not mandatory. The declaration of authorship by the author should guarantee authors' exclusive rights. Of course, the opportunity to exercise author's rights on the work comes when the work is published. If stays unpublished, still the author owns the right, although the author doesn't have the opportunity to exercise his/her rights.

  • Thanks for being with us, Riccardo.

  • Thanks for your contribution.

  • Bienvenida!

  • I agree with you. However, new business models arising from the infinite possibiliteis brought up by technology is not a fate, but the result of human beings intellectual work and the will to create all these new fantastic tools that have changed the way we communicate and the way we understand communication. So, if there is a monopoly over distribution, this...

  • @AnahitMnatsakanyan A new recording of a certain song has no connection with the first recording of the same song. The songwriter has an interest in both recordings, so, he/she will get their share of the economic result of the exploitation of both recordings.

    The recording producer has an interest in its own recordings. As the owner of the recording, the...

  • @AnahitMnatsakanyan I'm sure it will.

  • No problem. This means that they play themselves all the roles: composer, publisher, performer, producer. The business structure doesn't change for the fact that one single person can play all functions.

  • Marisa Gandelman replied to [Learner left FutureLearn]

    Good to hear ;-)

  • Marisa Gandelman replied to [Learner left FutureLearn]

    Exactly. Talking about industry sectors we are mainly interested in the economics of the business based on copyrights.

  • Totally agree!

  • Marisa Gandelman replied to [Learner left FutureLearn]

    Yes! This is true. Such a rich area in terms of artistic creativity. Considering CISAC's regional committees, there is one for Latin-America and Caribbean countries -

  • Marisa Gandelman replied to [Learner left FutureLearn]

    This is the idea!

  • In the subject of online business models and new technologies, things have been changing faster each day.

  • Sure! As it did work, not too long ago, when screenwriters in the US went striking and stopped writing. They've managed to improve the conditions of their collective bargains, to include extra payment for the new vehicles of exploitation of films.

  • I think UK is a non European Union country. However it is in Europe. There are other countries in Europe that are not European Union members.

  • I wouldn't say that copyright stops people copying others' works. Copyright provides the author with the tools to demand compensation for the infringement. Also, ideas are not protected by copyrights. People have the same ideas. Copyright protection falls over the form of expression of ideas, through artistic language. Copyright grants exclusive rights on...

  • Sí, es verdad.

  • El productor no necesita adquirir los derechos de autor. De ser así, el productor sería cesionario y no licenciatario. El productor fonográfico necesita una autorización para la grabación, publicación y comercialización del fonograma, que será concedida por el titular del copyright de la obra musical grabada. En este caso, él es el licenciatario.

  • It grants to the owner the exclusive right of commercial exploitation of the work.

  • This is it.

  • Exactly!

  • Non-economic rights are related to the personality, are moral rights, linked to authorship. This is an inalienable link. The exclusive right of economic exploitation can be transferred to third parties, while authorship can't.

  • @JaneHardisty It depends on the contract. Considering the nature of the final product, with so many creators involved, working together under the coordination of the publisher or copyright owner, it is understandable the adoption of a regime based in flat fees to compensate creators for their contribution to in the final product.

    Ideas are not protected,...

  • exactly

  • Could be, if the contract deals with this point in a special provision regarding the transfer of rights from the writer to the publisher, or if the law says that the copyright works made for hire or to comply with employment obligation belong to the one who hires or employs the creator.

  • Licensors are copyright owners, or those who hold exclusive rights of commercial exploitation of the work.

  • If the record producer is the licensor, the licensee is the distributor, or vendor, who gets a licence from the copyright owner (record producer) to commercialize the recording. The creator is not the licensee.

  • Exactly.

  • War efforts are closer to espionage than cooperation for the improvement of individuals and the progress of all the countries.

  • El derecho de ejecución pública está ampliamente consolidado en todo el mundo. Del mismo modo, el sistema de gestión colectiva del derecho de autor cuenta con una red mundial de sociedades de autores que actúan de común acuerdo. En algunos países menos desarrollados puede haber dificultades para aplicar y poner en práctica las leyes. Sin embargo, no podemos...

  • Para producir la grabación de la obra musical.

  • Totalmente de acuerdo.

  • Exactamente.

  • Todos los sectores ofrecen al mercado productos o servicios que tienen como elemento esencial obras protegidas por copyrights.

    Los productos o servicios ofrecidos por cada sector tienen sus características, modelos de negocio y mercado. Los distintos tipos de obras protegidas por copyrights se consumen de manera diferente, a través de diversos productos.

  • Definitivamente.

  • Ciertamente.

  • Exactamente.

  • Puede proponer la discusión que le resulte interesante y productiva, sobre el tema de las Licencias, desde una perspectiva crítica. Seguramente el debate será de gran valor para todos nosotros.

  • El control individual de la remuneración debida por los usuarios a los autores y otros titulares de derechos para la ejecución pública de canciones y grabaciones es económicamente inviable.

    Algunos tipos de obras no son adecuadas para la ejecución pública, como las obras literarias y de artes visuales. Estos básicamente viven de los derechos de reproducción.

  • Exactamente.

  • Perfecto!

  • El aspecto clave que es común a las actividades de creación artística es el derecho que los autores tienen sobre sus obras, desde la creación.

  • Muy bien!

  • We are focused on the role of copyrights in these industries. design, marketing, culture, etc., are not directly connected to creative works protected by copyrights, even though it an be included in the creative industries.

    Festivals are included in the performing arts sector. Photography in the visual sectors.

  • @JaneHardisty The drawing of a character is automatically copyrighted. But it is protected inside the story that it was created for. To protect the character and its characteristics as product to be commercialised in separate, I would register as a trademark.

  • Non-economic rights are moral rights, related to the personality of individuals, related to authorship.

  • Couldn't agree more!

  • Perfecto.

  • De acuerdo. Es necesario adaptar el sistema a los nuevos modelos de negocio.

  • Exactamente.

  • Mainly in the book sectors. The situation you mention is the public performance of poetry. In principle, it should be treated the same ways as the public performance of music.

  • Non economic rights in the case of artistic work are the rights of personality, the right the author has to be recognised as the author, to forbid the transformation of the work, it is about authorship.

  • I think yes. However, not the classical liberalism, but the neo-liberalism that has prevailed since the end of the 20th century.

  • Exactly.

  • Thanks for your contribution.

  • The way it is organised is just a suggestion to help in finding common points. To put performing arts and movies together doesn't mean that there are no common points with other sectors.

  • El autor no necesariamente transfiere sus derechos a la revista científica. Depende del contrato y las partes son libres de negociar las condiciones, suponiendo que el derecho sea originario del autor, de la creación de la obra.

  • Si los compositores también son intérpretes, tendrán derechos como autor y como intérprete.

  • El Convenio de Berna establece 50 años después de la muerte como el estándar mínimo. Cada Estado miembro podrá decidir la concesión de más de 50 años, pero nunca menos.

  • Exactamente.

  • Es verdad.

  • Exactly!

  • Good to hear!

  • @SuzyJohnston It is always good to go back and read the Classics.

  • Sí, es verdad.

  • Estoy de acuerdo con los dos.

  • Exactamente!

  • Muy bien.