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
Activity
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Marisa Gandelman replied to Danila G.
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,...
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Marisa Gandelman replied to Danila G.
It means that we are talking about immaterial goods. The painting is the material object where the author materializes his/her work.
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Marisa Gandelman replied to Danila G.
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.
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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.
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Marisa Gandelman replied to Danila G.
Good to hear!
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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.
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De acuerdo.
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Marisa Gandelman replied to Anahit Mnatsakanyan
Yes.
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Marisa Gandelman replied to Anahit Mnatsakanyan
Maybe from the government, in the case of those controlled by the government.
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Marisa Gandelman replied to Anahit Mnatsakanyan
But still he is the composer and the copyright owner of the song himself performs.
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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.
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Marisa Gandelman replied to Leanne Evans
Good to know!
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Marisa Gandelman replied to Lauren Nelson
@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...
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Marisa Gandelman replied to Anahit Mnatsakanyan
To the heirs of the late author. If there are no heirs, it goes into public domain.
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@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.
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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.
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Marisa Gandelman replied to Anahit Mnatsakanyan
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.
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@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...
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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...
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Good to know that you like it.
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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.
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Very good! Thanks for being with us.
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Marisa Gandelman replied to Selina W
@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.
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This is the idea: organize to be able to define the key terms and combine them.
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Marisa Gandelman replied to Lone Nyhuus
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...
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Marisa Gandelman replied to Rashida Adam
not any product, but those that have as its main element an artistic work of any kind.
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Sure.
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Marisa Gandelman replied to Ida D.
Who would you suggest?
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Exactly!
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Interesting!
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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.
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Thanks for being with us, Riccardo.
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Marisa Gandelman replied to Beatrice Okoro
Thanks for your contribution.
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Bienvenida!
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Marisa Gandelman replied to Riccardo Albini Trissino
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...
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@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...
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@AnahitMnatsakanyan I'm sure it will.
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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.
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Marisa Gandelman replied to [Learner left FutureLearn]
Good to hear ;-)
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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.
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Totally agree!
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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 - https://www.cisac.org/Who-We-Are/Our-Committees/Regional-Committees.
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Marisa Gandelman replied to [Learner left FutureLearn]
This is the idea!
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In the subject of online business models and new technologies, things have been changing faster each day.
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Marisa Gandelman replied to Finn MacKinnon
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.
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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.
