We invite you to read the column written by our senior associate, Carlos Lazcano, and associate Esteban Orhanović, from the Intellectual and Industrial Property Group, on the strategic value of copyright clearance.
The use of popular songs in audiovisual works, such as television series, streaming content, or films, constitutes one of the most complex and sensitive areas of copyright law, 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 represents 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.
During his lifetime, Prince was very reluctant to allow his songs to be used in audiovisual works (outside of his own 1984 film Purple Rain), and this trend has continued on the part of his heirs.
He was particularly concerned about the ways in which his musical works were used, going beyond mere economic interests and closely tied 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 (that is, it is not necessarily exclusively related to economic rights), but may also address considerations linked to its meaning, context, and creative coherence.
This relates to moral rights, which under Chilean law are inalienable and survive the author, passing to his or her heirs.
Although the U.S. legal system recognizes moral rights in a more limited manner compared to civil law systems (such as the Chilean one), contractual practice demonstrates that these principles are not absent, but rather manifest themselves through clauses that condition the use of the work on certain standards of artistic respect.
In Prince’s case, approval of 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.
This constitutes an indirect yet effective means of protecting moral rights, and in the civil law tradition (such as Chile’s), it would be linked to the moral right to the integrity of the work.
Ultimately, the inclusion of Prince’s music at the end of Stranger Things serves as a telling example of how copyright—and, in particular, moral rights—continue to play a central role in the contemporary creative industry.
Column written by:
Carlos Lazcano | Senior Associate Intellectual and Industrial Property Group | clazcano@az.cl
Esteban Orhanović | Associate Intellectual and Industrial Property Group | eorhanovic@az.cl
