Consultation on the rights of phonogram producers

Request a consultation on the rights of phonogram producers 

In the modern recording industry, the rights of phonogram producers are becoming increasingly important. These are the people who invest in equipment, sound engineering, studio time and marketing, so their right to control the use of phonograms is key to stable profits. However, due to the complexity of legislation, collective rights management and international licences, without legal support it is easy to lose income or allow others to exploit the product unlawfully. That is why legal advice for phonogram producers is an essential tool for protecting their interests. 

What does consultation on the protection of phonogram producers' rights include? 

A lawyer accompanies the producer at all stages of working with rights:

1. Analysis of the legal status of the phonogram: the lawyer assesses whether the documents for the creation of the recording are correctly drawn up, whether the copyright has been transferred, and whether there are grounds for registering additional legal instruments.
2. Review of contracts with sound engineers, artists, and the studio: the specialist analyses existing contracts or prepares new ones so that the producer receives the full scope of related rights.  
3. Assessment of the commercial use of the recording: the specialist determines in which areas the phonogram can be monetised in accordance with the law (streaming, retail, synchronisation, broadcasting, etc.). 
4. Preparation of licensing recommendations: the lawyer advises on which licensing models are suitable for a particular phonogram. 
5. Coordination of interaction with collective management organisations: a specialist explains how to receive royalties and what documents need to be submitted for correct accounting. 

Such consultation allows you to avoid violations of the law, ensure full control over the recording and correctly set up future profits. 

Why do phonogram owners need legal support? 

Poland has active streaming services, broadcasters, advertising agencies, and collective management organisations that handle significant amounts of royalties. That is why the protection of phonogram producers' rights must take into account both legal nuances and business realities. With professional support, producers can effectively manage their income, avoid duplicate payments, control the transfer of rights, and correctly register licences in an international environment. 

What questions are most often raised during consultations? 

In practice, phonogram producers face a number of specific problems: 

• Who owns the related rights to the phonogram? A lawyer helps to figure out whether there is a conflict between the producer, artist and studio, and how to properly confirm ownership. 
• How to protect a phonogram from illegal use? The mechanisms of claims, pre-trial settlement and the possibility of judicial protection are examined. 
• How to conclude agreements with platforms and distributors? A specialist explains the risks of typical agreements, in particular hidden commissions and territorial restrictions.
• How to receive royalties from abroad? The specialist advises on international data exchange, registration with CMOs, and the possibility of double remuneration. 
• How to transfer or sell rights? The lawyer helps to choose a secure mechanism for transferring rights while minimising the risk of losing control. 

Thanks to professional answers, the producer gains an understanding of their rights and specific tools for their implementation in commercial projects.