25 years after the death of Lucio Battisti, the total genius of Italian music, who died on 9 September 1998, the judicial controversy that broke out around his heritage continues, with masterpieces that have made the history of songwriting. After the long dispute with Mogol, the Court of Appeal in Milan is now writing a new chapter in the battle between the artist’s heirs and Sony Music: the judges confirmed the first instance sentence, which had already rejected the request of maxi-compensation of 8.5 million advanced by the record major, condemning it to pay the legal costs. The facts date back to 2017, when Sony filed yet another lawsuit against the heirs of Battisti (his wife Grazia Letizia Veronese and their son Luca). The accusation is the same leveled against them years earlier by Mogol, historic author, linked to the artist by a long and profitable partnership: having opposed a right of veto to any form of economic exploitation of Battisti’s musical works. In particular, the Heirs were accused by Sony of having revoked the mandate to Siae for the online use of Battisti’s works (thus preventing them from being disseminated on the main digital platforms, Spotify above all) and of having hindered their use for synchronizations (thus blocking the possibility of using the phonographic recordings of the songs in the commercials of well-known brands, above all Fiat and Barilla). The decision of the Milanese court “is significant for at least three reasons”, explains Simone Veneziano, lawyer of the Battisti heirs. First of all because it clarifies, for the first time, that the contracts stipulated by Battisti over fifty years ago with the phonographic producers do not allow, “without now the consent” of the Heirs or of his publishers, the online use or in commercial advertisements of the “phonographic recordings that incorporate Battisti’s interpretations of his time”. Secondly because, Veneziano underlines again, if Sony’s thesis had been accepted, the “subversive principle according to which the economic use of a musical work, rather than by the author (or by the music publisher), would be governed by the phonograph producer”. In short, “it would no longer be the authors (or music publishers) who ‘command’ over musical works, but the record companies. Anyone, on the other hand, knows perfectly well that anyone who wants to use any song, for example in an advertising spot, must request it, separately, both to the holder of the phonographic recording and to the author (or music publisher)” and that “each of these subjects is absolutely free to decide whether, to whom and for what consideration to grant the licence”. Thirdly, because the Heirs were acquitted of breaching “the obligations of care owed to Sony Music”. The dispute is not over: Sony has announced the appeal to the Cassation, the Heirs let it be known that “they will also await this decision with serenity”. For years, Battisti’s assets – with an estimated value of 16 million euros – have also been the subject of a dispute involving the shareholders of Acqua Azzurra, the company created by Battisti and Mogol in 1969 to collect the money from the exploitation rights (managed by Siae) of the entire discography of the couple, who would later divorce on a professional level in the 80s: the Aquilone company of the singer’s wife and son, the Universal record company and Mogol himself. After Battisti’s death, Mogol has recently taken legal action, arguing that the artist’s wife and son, majority shareholders of Acqua Azzurra, have hindered the commercial exploitation of the catalogue. Mogol asked for compensation of 8 million euros and got 2.6. In 2019, however, Battisti’s most famous works landed on the main streaming platforms. An advantage above all for the very young, who can listen to the voice of An adventure on Spotify, get passionate about Emotions, propose the artist’s covers in talent shows, sing The song of the sun, exactly like their parents, on the beach in front of a bonfire .
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2023-09-06 20:11:00
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