We explain how copyright, and moral rights in particular, continue to play a central role in the contemporary creative industry.
The use of popular songs in audiovisual works, such as television series, streaming, or films, is one of the most complex and sensitive areas of copyright, especially when it comes to works of high cultural and symbolic value.
In this context, copyright clearance plays a fundamental role: it is the process by which all necessary licenses, permissions, and authorizations are identified and obtained from copyright holders for the use of their works in a production.
Looking at a recent case, the inclusion of the songs “When Doves Cry” and “Purple Rain” by the late singer Prince in the final episode of the hit series Stranger Things is a particularly illustrative example of how the economic rights and moral rights of the author interact in the contractual practice of the global audiovisual industry.
It should be noted that Prince was very reluctant during his lifetime to allow his songs to be used in audiovisual works (apart from his own 1984 film Purple Rain), and this tendency has been continued by his heirs. He was particularly concerned about the uses to which his musical works might be put, beyond the financial payment he might receive for their use, transcending mere economic interest and closely linked to the protection of the author’s artistic identity.
From a legal perspective, this reflects that the exercise of copyright is not limited to the economic exploitation of the work (i.e., it is not necessarily exclusively related to economic rights), but may respond to considerations linked to its meaning, context, and creative coherence, which is related to the moral rights of the author, which, under Chilean law, are inalienable and survive the author, passing on to his or her heirs.
The incorporation of music in a series such as Stranger Things requires obtaining licenses for both the musical composition (lyrics and score) and the phonogram (sound recording of the song), which involves the intervention of various rights holders: copyright on the musical composition, and the related rights of the musicians who performed the song, as well as the related rights attached to the phonogram itself (in jurisdictions where related rights are recognized, such as Chile).
However, the case of Prince shows that even when economic rights are negotiable and are usually licensed, final authorization may depend on a substantive assessment of the proposed use.
In this sense, negotiation and subsequent licensing agreements are sometimes not limited to establishing territories, duration, or financial compensation, but in such cases may also include a review of the narrative context, the manner in which the work is inserted, and its consistency with the original spirit of the author, as a way of protecting moral rights, particularly in the case of a deceased person.
Although the US legal system recognizes moral rights in a more limited way than continental systems (such as Chile’s), contractual practice shows that these principles are not absent, but are manifested through clauses that condition the use of the work to certain standards of artistic respect.
In Prince’s case, approval for the use of his songs appears to have been closely linked to the guarantee that they would not be taken out of context, altered, or used in a way that could negatively affect their meaning or the author’s reputation, which constitutes an indirect but effective form of protection of moral rights. but effective, way of protecting moral rights, which in the continental legal tradition (such as Chile’s) would be related to the moral right to the integrity of the work.
Likewise, the precedent of the successful use of Kate Bush’s song “Running Up That Hill” in a previous season of the same series takes on a relevant legal-cultural dimension. This precedent may have contributed to building confidence among the current holders of Prince’s copyright regarding the respectful treatment of the music within the audiovisual narrative, demonstrating how cultural and reputational factors can influence the willingness to grant licenses.
This shows that copyright management operates in an environment where legal decisions are also influenced by public perception, previous experience, and the symbolic value of the works.
Ultimately, the inclusion of Prince’s music at the end of Stranger Things is a telling example of how copyright, and moral rights in particular, continue to play a central role in the contemporary creative industry.
The case demonstrates that authorization to exploit a work is not only a matter of price or contractual availability, but also of respect for artistic integrity and the will of the author, even after their death.
Thus, this episode stands as a valuable reference for understanding how moral rights, even in systems where their legal recognition is limited, continue to have a decisive influence on music licensing practices and the protection of authors’ creative identity.
For more information on these topics, please contact our Intellectual and Industrial Property Group:
Eugenio Gormáz | Partner | egormaz@az.cl
Carlos Lazcano | Senior Associate | clazcano@az.cl
Esteban Orhanovic | Associate | eorhanovic@az.cl
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