The commercial performance copyright licensing for the original musical Be Happy, Vanessa involves the management of public performance rights for artistic works within the production, including music, acting, and choreography. This requires defining the scope of authorization, usage methods, and revenue distribution through legal agreements. The analysis below covers three key aspects: the licensing process, critical contract clauses, and legal protections, incorporating practical insights from research.
-I. Licensing Process
1. Confirmation of Copyright OwnershipCopyright for the original musical Be Happy, Vanessa is likely held by Shanghai Aishen Culture Communication Co., Ltd. If derivative works are involved, dual authorization from both the original copyright holder and the adaptor is required.
2. Authorization Application MethodContact Aishen Culture to sign a formal licensing agreement.
3. Scope and Form of Authorization
Territory & Term: Specify the geographical region(s) and validity period for performances.
Usage Rights: Define permitted uses (e.g., live performances, livestreaming, recorded broadcasts, derivative product development).
-II. Key Contract Clauses
1. Licensing Fee Structure
Fixed Fee: One-time payment of an agreed amount.
Revenue-Sharing Model: Royalties based on a percentage of box office revenue, streaming volume, or derivative product sales.
Additional Benefits: Title sponsors may receive a share of revenue from merchandise sales (commensurate with their investment contribution).
2. Rights and Obligations of Parties
Licensor Responsibilities: Provide valid authorization documentation; guarantee absence of infringement disputes.
Licensee Responsibilities: Use the work strictly as agreed; shall not sublicense without permission.
3. Breach and Dispute Resolution
Dispute Resolution: Prioritize negotiation; failing that, submit to arbitration or litigation.
Liquidated Damages: “If negotiation fails, we shall claim liquidated damages according to law or compensation based on actual damages.”
4. Infringement Identification & Consequences
Infringing Acts: Unauthorized public performance, livestreaming, or adaptation of the work (e.g., plagiarism of concert stage design).
Compensation Standards: Based on the infringer’s profits, rights holder’s losses, or statutory damages (up to RMB 5 million per musical work).