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This is Part Two of a two-part interview, coordinated by Entertainment Law & Finance Editor-in-Chief Stan Soocher, with Santa Monica-CA-based entertainment Henry Root. In Part One, Root, who has extensive experience handling legal issues for music-driven television productions, discussed considerations in clearing rights in, and determining fees for, songs and sound recordings used in a production, as well as how option rights for the music are negotiated. Root also began, and continues here, a discussion of the issues to be negotiated for a record label to waive its exclusive right to the services of an artist who will appear in a TV
music production. Root also discusses copyrights in artist TV performances, reciprocal rights with record labels, holdbacks on exploitation, and warranties and representations.
EL&F: What key copyright issues are involved in negotiating the record label's waiver of exclusivity of its rights to an artist's musical services?
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