Let's take, for example, such a case: you are the author of a song to the poems of A. S. Pushkin (after the death of the poet, more than 70 years have passed, therefore, the poem is in the public domain and you are using it legally). You composed music, made a computer version of the phonogram, invited the singer Ivanov and recorded a song in his performance. After that, you want this song performed by Ivanov to be recorded at the Ukh-Records studio as a “master copy” (in terms of replication standards).
Necessary
Civil Code of the Russian Federation, part 4, section VII, chapters 69-71, as well as reference books for drafting license agreements
Instructions
Step 1
Let's deal with the rights.
You, as the author of the music, own the exclusive rights of the author to the song (Article 1270.2 of the Civil Code of the Russian Federation), including the reproduction of it in the form of sound recording. You also own the exclusive (related rights) of the phonogram producer for the phonogram recording ("backing tracks") you made and for the song recording as a whole (Article 1324.2 of the Civil Code).
Singer Ivanov owns the exclusive (related rights) of the performer for his performance, including the recording of the song (Article 1317.2. Of the Civil Code of the Russian Federation).
For the emergence, exercise and protection of copyright and related rights, registration of their object or compliance with any other formalities is not required (Articles 1259.4 and 1304.2 of the Civil Code of the Russian Federation).
Step 2
Further, there are two mechanisms for the transfer of rights: alienation (when the right is transferred to all methods of using a work or an object of related right, in full for a specified period, Articles 1285 and 1307 of the Civil Code) and granting the right to use (when rights to certain methods of use are transferred, for the agreed period and within the agreed limits, Articles 1286 and 1308 of the Civil Code). In the case of recording, the second option is preferable, that is, concluding a license agreement with the studio. The subject matter of the agreement depends on what exactly you want from the studio.
Step 3
If you want the studio to take your recording and only process it to the quality of a "master copy", you conclude an agreement with the studio on dubbing in the required quality, adding to it the clause "copyright and related rights", where you indicate that copyright is reserved for you, the right of the performer is reserved for the performer Ivanov, and the right of the producer of the phonogram is transferred to the Ukh-Records studio in terms of processing the phonogram as a whole for a period specified by you (during this period you will not have the right to re-record the original phonogram without the studio's consent).
After the studio is done working, on the recording instance, you can mark:
(c) - that is, copyright - your surname and initials, year (Pushkin's copyright is not specifically indicated if the song description contains an entry that his words).
(p) - related law - your surname and initials, year
(p) Surname and initials of the singer Ivanov
(p) - studio "Uh-Records", year.
Step 4
It's another matter if you want the studio arranger to make a better backing track based on your phonogram, to which the singer Ivanov will record the song in the studio. You, as the author of the song, conclude two licensing agreements with the Uh-Records studio. The first is an agreement on the processing of the phonogram by the arranger and the transfer to the Ukh-Records studio of the author's exclusive right to rework the song (in terms of the phonogram); the second license agreement for the recording of the song and for the transfer of the author's exclusive right to reproduce the song in the form of sound recording. At the same time, with the singer Ivanov, you must have an agreement on the transfer of exclusive rights to public display and public performance of the song.
After the studio finishes work, on the "master copy" of the recording, you can mark:
(c) Your surname and initials, year
(c) Surname and initials of the arranger, year, the word "arrangement".
(p) Surname and initials of the singer Ivanov (as well as all the performers that the studio will involve to record the song), year.
(p) studio "Uh-Records", year.
