Not the first problem
The statement indicated that what Muhammad Shabana mentions on the media and websites about his owning the songs of his uncle, the artist Abdel Halim Hafez Not right.
This statement came in conjunction with the approaching “hologram” concert by the late singer Abdel Halim Hafez, at Baron Palace, on the second of next April.
This problem is not the first of its kind during the recent period, as the artistic producer himself had another statement, confirming that one of his private artistic companies is the sole owner of the rights to songs Umm Kulthum, And not a national company, as it is reported in the media.
In the midst of these crises, many questions arise about the fate of the artworks of the late singers after their death.
Fate of the artistic legacy
Mohamed Hegazy, a consultant in digital transformation, innovation and intellectual property legislations, and former head of the Legislation and Laws Committee at the Ministry of Communications, says that intellectual property rights in relation to songs, or what is called in law “musical musical works,” have two compositions, the first being the author of the words or the so-called author of the literary part. He is the one who placed the words that are performed in the song, and the composer of the melodies, or the so-called musical portion.
It is clarified that the performer or singer of the song is not considered a composer according to the law, but is considered one of the owners of the rights related to the copyright and is entitled to obtain financial compensation as a result of his performance of the song or the musical work.
Hegazy added to “Sky News Arabia”, “the producer of the song or the” musical work “is the owner of the copyright and distribution rights of the artistic work, and he determines the method of exploiting the work in the form and method he deems appropriate. Also, the contracts concluded between the author of the words, the author of the melodies, and the singer of the song with The producer determines the limits of the financial rights of each of them. “
It also clarifies that “the intellectual property rights of the deceased artist are transferred to his heirs, and they are entitled to receive compensation for the exploitation of the works of their inheritor for a period of 50 years from the date of his death, because after that period of time, the works of art of the late artist become public property that anyone has the right to use.”
In the same context, the consultant for intellectual property legislation confirms that the financial compensation that the heirs of the deceased artist receives, according to the conditions stipulated in the exploitation contracts that their inheritor entered into before his death with the party producing the artistic work used.
When asked about the decision-maker regarding the departed artistic works, in the event that there is more than one owner of intellectual property rights, Hegazy explains, “The decision to exploit the works is up to the producer of the artistic work according to the contracts he concluded with the late singer, and for the heirs, they deal with the product within the framework of the concluded contract With their inheritors and in light of the shares of each of them according to the information of genetics. “
Hijazi sent a message of reassurance to the public who was afraid of monopolizing the works of late singers and preventing their publication. , Given that the producers own these rights, and therefore it is in their interest to publish them to the public, where they can obtain financial returns from them. “