New York, New York—May 5, 2025—The International Trademark Association (INTA), through its Copyright Committee, submitted a written report to the Andean Court of Justice in case 228-IP-2023 upon a formal invitation by the Court.
INTA’s report addresses a series of legal and practical questions raised by the Court regarding the synchronization of musical works in audiovisual productions. In particular, the report clarifies how synchronization is understood in both the music and legal industries, emphasizing its nature as an atypical agreement involving the reproduction, adaptation, and possible public communication of musical content.
Among the issues addressed, the report sheds light on the distinction between synchronization rights and public performance rights, highlighting that synchronization licenses do not automatically grant authorization for public communication. The document also outlines how these licenses are commonly negotiated, the role of moral and economic rights in such agreements, and whether collective management is applicable.
The report draws upon comparative legal perspectives, including references to decisions and practices from Colombia, Brazil, and other jurisdictions, to provide a comprehensive and balanced analysis. Sources include legal commentary, decisions from national courts, and practices from the music publishing industry.
By submitting this written report, INTA reinforces its commitment to contributing to regional legal discussions and promoting clarity in copyright law across Latin America. INTA thanks the Andean Court of Justice for the opportunity to collaborate on this important matter.
