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Decision of Note: <B>Court Upholds Sound-Recording Synch Licenses For Recordings</B>
The U.S. District Court for the Southern District of New York decided that Universal Music Group (UMG) had the right to issue synchronization licenses for the use of sound recordings of singer Connie Francis in motion pictures. Franconero v. Universal Music Corp., 02-1963. The ruling is the latest to follow the New York Court of Appeals decision in Greenfield v. Philles Records Inc., 98 N.Y.2d 562, 780 N.E.2d 166, 750 N.Y.S.2d 565 (2002), that a record company obtains rights that artists fail to reserve in recording agreements.
The district court noted: “The only limitations in the contracts are with regard to 'direct endorsements' for advertising purposes, coupling of her songs on compilation records, and the timing of initial releases of songs on records. None of these restrictions limits UMG's ability to issue synch licenses for Francis's songs.”
The district court went on to dismiss a claim by Francis ' who objected to the content of the films “Jawbreaker” and “Postcards from America” for which UMG issued the synchronization licenses ' for violation of moral rights under foreign law. The court emphasized that it was film distributors, rather than UMG, who had distributed the movies in foreign markets, adding, “Recognition of such a claim would subject everyone who issues a synch license to potential liability under foreign law or would grant veto power over licenses to those, like Francis, who have transferred their rights without reservation.”
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