FAMU
FILM AND TELEVISION FACULTY OF AMU
The Academy of Performing Art, Film and TV School
Smetanovo nábřeží 2, 116 65 Prague 1, Czech Republic
tel. +420 221 197 211, fax + 420 221 197 222
famu@famu.cz, www.famu.cz
Ministry of Culture
Maltézské nám. 1
118 11 Prague 1
EXPERT EVALUATION No. 032006
in the matter of:
Certain issues regarding the character of sound designers´ profession work formulated as
answers to specific questions set by the Ministry of Culture in petition dated 19. 4. 2006
under file No. 10145/2003/202
executed by expert institution:
Academy of Performing Arts, Film and Television Faculty, with its seat at Smetanovo
nábřeží 2, 116 65, the Dean PhDr. Michal Bregant
the expert opinion was made by, its correctness can personally confirm and provide potential
explanations under Section 22 (1) of the Act No. 36/1967 Coll.:
Prof. Ivo Bláha, pedagogue of FAMU, head of the sound creation department
signature:
Ivo Bláha
date of completion of the expert evaluation: 16. 5. 2006
Question No. 1: How can be characterized the professions called sound designer, sound
master, sound director, sound technician etc.? Could all these professions be
ranked in general as sound designers (in Czech: zvukař)?
The term “zvukař” is to be understood just as general, almost slang designation for a worker
in the field of sound, i.e. regardless which specific activity they respectively perform. Likewise
the designation “painter” (in Czech: “malíř”) could mean both house painter and a graduate of
the Academy of Performing Arts, in the field of sound there exists a variety of specialties,
stretching from purely technical activity to artistically highly demanding tasks which require
not just technical knowledge and experience, but also distinct creative talent, imagination,
musical and acoustically compositional aptitude, analytic aural abilities, mature esthetical
opinion, culture grasp and other prerequisites. Unified designation for professional
specializations has not been fixed in all areas of sound practice. The characteristic of
respective specialties is included in the answer to the following question No. 2.
Question No. 2: Could the activity of sound designer (for purposes of placing this evaluation,
also other professions mentioned in the previous question are generally
called sound designer, but if necessary, distinguish between them in the
answer) be considered as artistic and the result of such activity as artistic
creation?
If we are to assess the character of respective sound professions´ activity, we could set
aside professions of technical character: For example, it is sound technician, who is in
charge of operation and maintenance of the sound studio´s equipment or auxiliary works –
such as operation of recording machines in radio studio. Technical procuring of sound
systems installation of the hall in concerts, installation, setting and maintenance of sound
equipment etc. would also fall to this category.
In the field of film shooting, similar works are made by the second (alternatively the third)
assistant (in English terminology cable man). Much more important task is held by the
microphonist (boom operator) collaborating with the sound master in sound recording,
usually as his first assistant. The quality of the record which determines usefulness of the
recorded material in further processing, instantly depends on his skilfulness and alert.
The sound profession of an individual creative staffer is in our home audiovisual creation
traditionally called sound master or master of sound (in Czech: zvukový mistr, mistr zvuku),
recently sound designer. In big western film productions many narrowly specialized sound
professions take part in the film making.
In making feature film produced in the U.S.A., the following may for example take part:
Sound designer (overall artistic rendering of the film sound)
Field recordist / sound mixer (recording synchronic and asynchronic sounds)
Supervising sound editor (supervision and control of the correctness and purity of the recorded sound)
Dialogue coach (control of the dialogue correctness)
Dialogue editor (editing the contact dialogues)
Sound FX editor (sound effects - editing contact hustle)
A.D.R. recordist (Automatic Dialogue Replacement – recording the post synchronic dialogues)
A.D.R. editor (editing post synchronic dialogues)
A.D.R. mixer (mixing post synchronic dialogues)
Music editor (editing and synchronization of the music and images)
Music supervisor (control of the musical component)
Foley artist (producing post synchronic hustles)
Foley Recordist (recording post synchronic hustles)
Foley editor (editing post synchronic hustles)
Foley mixer (mixing post synchronic hustles)
Re-recording mixer /mixer/ (final mixing)
Post production supervisor (controlling the final works)
further range of their assistants – boom operator (microphonist), cable man and others.
In our economically modest circumstances, the role of the sound master (sound designer) is
much more complex. All above mentioned specialties they mostly carry themself. Quite often
they work on creation of the sound component in the whole course of the works´ origin, from
reading into screenplay and consultations with the director and other members of the crew,
through preparatory works to the very shooting and finalizing works (so called sound post
production) including creation of postsynchrons, editing hustles and final artistically
demanding process of mixing.
In order to reach ideal effect of the audio component it is necessary to proceed with
consideration of the aim from the very first sound record, with sequential addition of other
sounds recorded of archive sounds to the sound score and their consequent completion and
transformation with the use of chosen and functionally applied digital modifications. The film
sound should not be just a servant but a language of the audiovisual work. It is not possible
to set exact instructions how to proceed “correctly”. The tasks which are brought by AV
creation with its variety always demand individual solutions, still new ideas.
This work has therefore indisputably artistic character, the sound master (sound designer)
has author´s share in the film. We are not dealing only with pure transcription of the reality
into the film medium, but with conceptual work with sound means – spoken words, hustles
and music – with proper choose of those, by vertical and horizontal arrangement and
stylization methods it possible to find effective form for expressing the idea of each individual
audiovisual work. The aspect of organic union of the image and sound, structure of the work,
esthetical viewpoint etc. is also substantial.
The sound designer´s creative contribution is obvious also in musical records´ creation in
which in our land usually take part two professions which work tasks overlap: Musical
director concentrates in the recording especially on the manner how the given piece is
musically interpreted and its impression in the record. Sound director chooses technical
means and methods which would be most suitable for given case, i.e. considering the type of
ensemble (soloist, chamber orchestra, orchestra, choir…), the venue (studio, concert hall,
temple, outdoor…), the genre (classical music, jazz, pop…), the type of the record (studio or
live) and the like. In the recording the sound director concentrates primarily to plasticity of the
sound, colour, spaces, hierarchy of voices, pureness and brilliance of the sound and other
factors – so they work with the means which in their totality create overall expression of the
record.
From the variety of other profession specialisations there could be mentioned for example
realizers of electroacoustic music, sound programmers (realizer of sound “samples”),
directors of on-line sound system installations (for example with musicals) and others.
Question No. 3: To which extent the activity of sound designer is objectively determined (for
example by technical means and possibilities) – could different persons
under the same conditions come to the same result?
The quality of the achieved result in sound works is closely connected with quality of the
equipment which the sound worker has at their disposal. Even an outstanding virtuoso
cannot perform perfectly on an unturned organ. However, if for an organist a low quality
instrument mean hardly removable obstacle, strong minded sound designer is able, even in
work under worsened conditions, to find alternative ways how to eliminate the unfavourable
factors – ways how to achieve the intended form and effect of the sound work, despite
technical limitations. This moment shows the necessity of creative attitude of such worker as
well.
For answering the second part of the question, it is necessary to realize that working
demands can be totally different with individual sound professions. If we disregard the
simplest operations, it could be said that under the same conditions the results of sound
creation will differ in different workers´ cases as they will be affected by individual attitude of
each author.
It applies not just to audiovisual sound creation but also, for example, to a studio record
which impression may substantially differ in details and in total sound concept of the record.
Just as a musician will not play the same piece in the same way every time, for subjective
and objective reasons (and especially after certain expiry of time), sound director, from
similar reasons, will not record and does not intend to record the same peace in the same
way. This forms one of characteristic differences between creative and routine work. Oscar
awards for sound are not granted for quality routine work (it is considered natural) but for
individual, unique approach to sound component of the film which has all characters of
artistic work.
Question No. 4: What was the historical development of sound designers´ work? To which
extent is the answer to the second part of the question sub 3) influenced by
technical development?
Under traditional opinion, sound designer´s work is considered as rather technical activity
which probably persists from history. The sound appeared in the film with significant delay
only in the end of the twentieth and it made its first steps in times when the language of film
image was fully developed, both technically and artistically. For a long time the main concern
of the sound designer was to ensure functionality of the technical equipment, as they were
responsible so that the film comprehensibly talked and played. The technical education
corresponded to that. (In some places there still survives designation sound engineer or
ingénieur du son.)
During the technical development the opportunities of creative ideas´ realisation broadened.
For their fulfilment were however always needed talented people with invention, imagination
and aesthetic feeling. The professional demands for creative potency of the sound designer
were growing rapidly, together with the need of wider artistic formation and cultural outlook
which enabled them to become an effective member of the creative team.
Turning point in the development of the sound´s production was the arrival of computer era in
sound technology. Digitalisation brought not just substantial improvement in technical quality,
but it opened the possibility to model the sound material in detail in all its parameters,
complete it at will, transform sounds or create new ones. This technology then affected the
way of the creators´ thinking and by its almost unlimited possibilities it inspires their
imagination.
In recent times came into practice new sound technology which, on the basis of modern
multichannel systems, enriched the sound for feeling of space. This opened potential of new
expressional means which sound dramaturgical function in relation to film image is to be
tested and checked out in the practice and judge the used methods from the point of view of
perception´s psychology and aesthetical aspect.
The requirements for technical preparedness of the sound designer have therefore
substantially changed compared to the past. Contemporary digital sound technic is more and
more complex and refined. Even a specialized repairman often may not intervene into the
device and in case of malfunction it is necessary to change whole blocks.
Sound master nowadays does not have to be qualified as design engineer or repairman of
electroacoustic devices. What is needed, is essential knowledge of different systems and
their functions, but mainly ability to manage different users´ possibilities and ability to use
them as á tool for artistic creation. Metaphorically speaking, it is not about building organ, but
about knowing how to play on it.
Constant increase of demands for top sound workers in film, television, music studios,
theatres and other work places became the main reason for establishing special university
discipline Sound creation, namely at an artistic school. The discipline was certified at the Film
faculty of the Academy of performing art and since 1981 – during 25 years of its continuation
– it educated many excellent graduates who work mainly in the field of audiovisual creation
and achieve prominent professional awards, for example the award Czech lion for film
sound. At the Musical faculty of AMU was in 1994 also established study discipline Sound
creation which is specifically focused on sound directing of a music record and autonomous
electronic sound.
The answer to the second part of the question sub 3) can therefore be summarized as
follows: The technical development substantially increases variability of the creative work
with sound and so enables bigger individualisation of particular working results.
In the following addendum we attach historical document from 1977 – description of
sound master´s activity in Film studio Barrandov – made as underlying document for
salary regulations´ amendments regarding staff in feature film making in the Czechoslovak
film. This material is transcribed without changes. It demonstrates that in the leading
workplaces as FSB, the role of sound master was even in the past respected as creative
profession and was strictly separated from technical sound professions. In partial points
however the described activity differs from the recent, depending on gradual innovation in
technology.
Part 1.
Attributes of sound master´s work in FSB
1.0 Basic information necessary for solving sound masters´ salary issues can be summed
up in these points:
1.1 Social and artistic meaning of the profession
1.2 Qualification required for performing the post
1.3 Time demands of the work in comparison with other professions
1.4 Psychical stress at work.
Ad 1.1: Social and artistic meaning of the sound master´s profession
The sound master´s task in creation of a feature film does not consist in adding to
particular film images real, corresponding sound. This naturalistic form of sound addition
which is currently used only in some film reportages is obsolete for a long time in feature
film and it would not satisfy the spectator. Sound in the film must impress the spectator´s
feelings by its composition as well as the image. Therefore, it may not be just a
mechanical sound projection of the shot scene, but a sound reality, artistically transformed
in such way that in spectator it awakes feelings corresponding to creative intentions of the
director.
In which is this transformation of the sound reality based, could be shortly indicated by
naming some of basic principles. It is mainly optimal choose and perfect time composition
bond between all sound elements, i.e. dialogues, hustles, sound “atmospheres” and
music. Perfect balance of these elements both from the point of view of sound aesthetics,
as well as psychology of hearing, i.e. for example change in relation between sound levels
caused by the absence of binaural perception in monophone reproduction. Intentional
keeping or disturbing of audiovisual stereotypes, for example intentional use of sounds
which contradict the visual action. Stylization of sound actions, i.e. intentional supressing
or emphasizing some of the visual action´s sound elements. Optimal solution to often
contradicting artistic and technical demands to sound composition etc.
The focus of feature film sound master lies just in this transformation of sound reality.
Therefore it is obvious that it is not about simple recording of real sound accompaniment
of the displayed action, but about directing the created sound component of the film which
audiovisual artistic compactness is completed this way.
In correctly made film, this directing activity is unobservable for a layman, but its potential
lack gives considerably disruptive impression and it may unfavourably affect the artistic
value of the film. During realisation, the sound master is a member of the closest
director´s staff and one of his closest collaborators. By his initiative, sensitive artistic
attitude, alert, personal discipline and thoroughness the sound master may substantially
contribute to the director with his own ideas regarding “work with sound”.
Film nowadays is appreciated as artistic audiovisual work, i.e. artistic synthesis of image
and sound components. None of these two components cannot be separated from the
other one with a right to separate existence. If the contemporary feature film was
projected as voiceless, it would cease to exist as artistic work. If only its sound component
was reproduced, the result would be similar. It is obvious that both components are
quantitatively equal and both are necessary in equal share. A difference could be caused
only by insufficient use of their synthesis. Until recently, the possibilities of the sound as
an expressional mean were much underestimated and, as consequence, we still have a
huge debt to its aesthetical development. Further information on these issues are stated
by M. Hůrka in the attached article “Aesthetic problems of sound directing”.
Underestimating of the importance of sound and sound master´s work survives to date
especially in the field of salary policy. The demands for sound master´s work have
toughened considerably during last ten years, the directors give to sound masters more
independency, they demand more inventiveness and artistic contribution in a form of own
ideas, often even elaborating and preparing several alternatives for sound solutions
among which it is decided as late as in the finale mixing of the film. The last salary
adjustment made in 1972 did not take into account these and many other new aspects of
our work.
Ad 1.2: Necessary qualification for performing the role
Only because there does not exist any university with the appropriate specialisation for
sound masters (i.e. the teaching of sound directing is still lacking at FAMU), university of
technological direction is still demanded, which is illogically justified by the fact that sound
master works with technical equipment. It is self evident that sound master must have
both theoretical and practical knowledge of all physical principles of acoustic and electro
acoustic which he must effectively use in his everyday work. As these science disciplines
form a part of studies at relevant faculty of Czech technical university, it is impossible not
to recommend this education. However, it is presumed that sound master shall further
supplement demanded qualification by individual study of aesthetic orientation, maybe in
supplemental courses at FAMU or in other way, for example within the company. It is not
just our opinion, it is now generally set practice that sound master´s education should be
oriented to the area of art, to all specialisations he can meet in film creation. Only so he
can become equal partner to the director, cameraman, music composer and actors. Only
so he can find common language with them. The director cannot be persuaded by
electronic schemes and it is impossible to form demands to actors in decibels!
University of artistic direction is now very present necessity for sound masters.
Establishing of needful teaching at FAMU is a question of the nearest future.
To other “natural” necessary abilities of sound master there belong the sense for rhythm,
sense of musical hearing, musical sense, and further knowledge of phonetics and
pronunciation. From the personal characters of sound master, the most important is ability
to deal with people and general social commitment. Though we list them at the last place,
these are the characters which are appreciated in case of successful sound masters at
the first place.
Ad 1.3.:
Time demands in comparison with other professions
During setting mutual salary relations of individual professions, the time demands on the
work should be taken in account. From the statistics data about films made during one
year with given members of staff of individual professions it can be calculated how many
films can be made by a staff member of certain profession during one year. From this data
it is obvious that time demands differ substantially in respect of different professions. We
do not consider it to be right if workers of two professions with approximately same
qualification and education are approximately evenly remunerated for film, if the time
demands for their work are substantially different. If a worker of one profession is able to
make in average only two films during one year, whilst worker of other profession is able
to do even six films, substantial disproportions in earnings may arise. Workers of the
same quality with the same work load are remunerated in proportion about one to three.
In the current way of film making, the average time of work on one film prolongs for sound
masters, comparing to other professions. It is caused by the fact that many films are made
in method of auxiliary sound, so after shooting, when for majority of staff the work on film
ends, sound designer only begins with actual sounding of the film. It is added by the work
on international belts, often made several weeks or even month after completion of the
film. Further there are corrections caused by script editor´s interventions after mixing. In
both those cases the sound master is usually involved in other film making so he has to
do this work in overtime, on the detriment of his own health. This extra activity which does
not occur with other professions, concerns only sound master and editor.
Ad 1.4.: Psychical stress at work
The problem of psychical stress of workers at receipt and directing sound was already
dealt with by many experts. It is generally recognized nowadays that it is substantial,
a)
b)
c)
d)
e)
especially in the field of audiovisual art. It is reflected by classification of these workers to
higher category for retirement. Psychical stress of sound master during shooting is given
by natural character of his activity which is going on in the real time of “live” performed
scene. This stress lies in the necessity to:
monitor simultaneously a variety of acoustic and artistic parameters of the performed
scene,
in every moment critically and sensitively decide on suitability and admissibility of change
in these parameters for the given directorial intent,
simultaneously decide on suitability and necessity of immediate directorial interventions to
the performed scene and constantly anticipate and make such interventions; it requires
maximum psychical concentration during the scene and ability to very sensibly and
immediately react to corresponding acoustic and visual impulses,
expeditiously decide on succession of all parameters in places of anticipated sound
editing,
in receiving postsynchron and in final mixing of the sound it is joined by necessity of long
term maximum concentration on the projected image and with mixing on several
simultaneously reproduced sound phenomenons.
The monitored acoustic parameters are namely these: all electro acoustic transmissions´
quality criteria including distortions, level of noise in the scene and sound background etc.
Artistic parameters are for example for dialogue: comprehensibility, volume, intonation,
speed and rhythm of the speech, diction, extent of emotional expression, spatial character
and sound perspective in general, aesthetic value of the sound in potential stylization etc.
The aspect of sound master´s work during shooting characterized by words “in the real
time of the performed scene” exists only with few professions. Work of the others has,
from this point of view, character of preparation which takes place apart from the time of
the performed scene.
We believe that by this short description the work of feature film´s sound master is
explained sufficiently. Particular work operations executed by sound master during the
production of a film are listed in part 2.
Technology of sound is the most complex of all partial procedures used in film making;
despite this fact it was possible to sum up work participation of sound master in only 44
points.
Part 2.
Content of work activity of FSB sound master
ensuing from his rights and obligations
2.0 General provisions
The sound master is the author of the film sound component. In his work he obeys overall
creative intent of the director, he proposes solution for sound composition of individual
scenes and he takes care of compliance with sound conception of the film in its entirety.
He is responsible to the director for the final artistic and technical quality of the sound in
the film. He manages work of all workers who operate assigned sound equipment during
shooting.
He cooperates with workers responsible for sound equipment on ensuring smooth
operation and timely maintenance of all sound apparatus, points out introduction of new
devices and technologies and takes care of education of new staff.
In the preparation period
2.1 Sound master thoroughly reads into the film draft.
2.2 In accordance with the director he decides on the way how the sound shall be added
to the film, i.e. to which parts of the film the sound shall be added at shooting, to which
parts the sound shall be added in post synchrons, where the playback, archive music,
special sound effects shall be used etc.
2.3 He provides the production with basis for production plan and film budget in the field of
sound.
2.4 He may be asked for co-operation on technical script.
2.5 In case of contact shooting in exterior or at real places he takes part in searching for
such objects and considers their capacity for contact way of sound recording.
2.6 He takes part at all working meetings of the film crew connected with sound
component of the film.
2.7 He takes part in study film projections of archive films for the film crew.
2.8 He agrees with the film architects way of making film scenery from the point of view of
acoustic and noiselessness. with the With the manager of scene settings and the
costume designer he agrees appropriate choice of materials and stage properties
which could unfavourably influence acoustic and noiselessness of the scene.
2.9 He takes part in taking deliveries of studio decorations including stage properties and
considers their capability for sound recording.
2.10 Together with head of the production concludes and signs agreement with the head
of sound technicians and insuring of necessary staff and sound equipment.
2.11 He takes sound at rehearsals with actor and gives comments to the director on voice
ability of the actors.
2.12 He takes part, or eventually he himself executes recording of musical playbacks and
decides the way of their transcription and further adjustments for recording playback
scenes.
2.13 He proposes and negotiates with the music composer possibilities of realisation and
use of untraditional ways of music composition or adjustments of musical records for
the film purposes.
In the shooting period
2.14 Before shooting he checks the assigned sound equipment and considers its
usefulness for intended way of work. He discusses his comments with the head of
production and sound technicians immediately.
2.15 During shooting he takes on contact dialogue, hustle and music in the scene. He
instructs his subordinate co-workers regarding suitable location of microphone cables
so that he manages, by directing their signals, the demanded composition and space
perspective of the sound record, he monitors noiselessness of the scene,
comprehensibility of dialogue, he notices the director of incorrect pronunciation and
diction of the actors, he stops defected records, monitors continuity of individual scenes
regarding colour and intonation of voice display, space acoustics, level of sound
background etc.
2.16 He decides on necessity of recording and he records on the scene individual sounds
needed for post synchron addition of sound and international film bands.
2.17 Under unpredicted circumstances he decides, in agreement with the director, on post
synchronisation of the scene.
2.18 Together with chief lighting electrician he decides in exterior or in real scenes
suitable location for lighting unit.
2.19 In shooting by method of planned post synchron, in agreement with the director and
head of production he delegates to assigned sound technician (assistant of sound
master) recording of auxiliary sound and non-repeatable individual sounds. Sound
master manages and controls work of the assigned worker in a form of supervision
agreed beforehand.
2.20 He takes part in demonstrations of days works and in selection he recommends to
the director records which are the most suitable for intended audiovisual effect.
2.21 He takes part in demonstrations of roughly edited film material and the works in the
cutting room made in shooting period if they demand his presence.
2.23 He gives his comments regarding rough edition of the working copy to the director
and editor, if they can positively influence further progress in the work on sound
component of the film.
In the period of completion
the sound master executes final sound direction of the film sound component so that the
final audiovisual effect of the film corresponds to creative intention of the director.
In order to do that:
2.24 He gives his comments to clear edited version of the working copy in cases when the
image edition becomes contradictory to the intended sound composition.
2.25 After clear edited version of image service copy he proposes to the director final
sound solutions of individual scenes, sometimes in more alternatives, and together with
him, editor and in co-operation with script he elaborates final sound scenario for the
film.
2.26 Together with director, music composer and editor he takes part in elaborating final
music scenario for the film.
2.27 He makes selection from recorded individual sounds and after clear edited version of
the image he records individual sounds which time course must correspond to the
edited scenes, i.e. for example vehicles and sounds which could have been recorded in
clear form during shooting.
2.28 He chooses and orders suitable archive sounds, and sometimes makes their
modifications for required purpose.
2.29 He makes transcription and potential modification of music archive records.
2.30 He records post synchrons of dialogues in which he obeys the same principles of
sound composition as in recording contact dialogues at the scene. Here he creates the
acoustic of the scene and sound perspective artificially.
2.31 In co-operation with director or second director he executes the sound direction,
potentially receipt of sound post synchrons in hustle studio.
2.32 He takes part in recording music where he introduces sound master specialist with
sound conception of individual scenes.
2.33 In the draft of mixing plan (mixing canvas) prepared for him by the script, he
determines and marks all selected sounds, their preliminary positions in mixing zones
so that in mixing the film the intended sound composition and succession of individual
scenes could be achieved.
2.34 In editing of mixing bands he co-operates with the editor and informs him of the
content of particular sound records and possibilities of their editing composition. In cooperation with the editor he also specifies location of sound in particular mixing bands
and he gives script for the final adjustment of mixing plan.
2.35 Together with the representative of technical control he makes technical control of
dialogue mixing bands and he signs protocol on their technical capability for mixing. In
case of defects he secures their removal.
2.36 He makes technical pre-mixing of soundly complex scenes.
2.37 In co-operation with second sound master (or with specialist for mixing) he makes
mixing of the film and trailer.
2.38 He transcripts the final mix from magnetic record to light record and he also makes
transcription of the mix for approving projection.
2.39 He takes part in projection for approving entities.
2.40 He prepares sounds needed for international sound bands.
2.41 For these bands he records required sound post synchrons.
2.42 In co-operation with the editor he makes modifications and edition of mixing bands
for mixing international sound bands.
2.43 He makes mixing of the international sound bands including bands for trailer.
2.44 He controls and approves first and premier combined copy of the film from sound
point of view.
2.45 He co-signs final accounts of the film.
Question No. 5: Could the result of sound designers´ activity be labelled as musical creation?
If so, does it happen always or only in some cases? If the result of sound
designers´ activity be labelled as musical only in some cases, is it possible to
say that all these musical creations fulfil all cumulative criteria for designation
as artistic creation and negative answer to the second part of the question
sub 3)? Is it possible to say that those results of sound designer´s activity
which cannot be considered as musical creation, at the same time do not
meet criteria for designation as artistic creation and negative answer to the
second part of the question sub 3)?
First of all, it is probably necessary to explain to ordering party of this question, the issues
connected with the used term “musical creation” in respect of sound designer´s professions.
If the record in question is a record of musical piece, then, how was indicated previously, the
work of musical or sound director could be characterised as interpretative task sui generis,
on which the result depends similarly as on the musician´s performance. Therefore it is
individual artistic profession (please see answer to question No. 2).
If the film sound master´s (sound designer´s) activity is in question, his global task is to
elaborate sound composition of the whole auditive component. He works with music as
with one of its ingredients and at the same time he decides on appropriate methods as
needed. Sometimes he records the music himself, uses musical piece composed by the
composer or chosen from musical archive, in other places he prefers his own set of sounds,
for example combination of hustles and individual musical elements eliminated from
completed musical materials. In some cases he considers as most appropriate solution to
create necessary musical elements or compose the whole sound wall himself, for example in
electronic way and so on. In this respect partial activity of sound master can also include
musical composition. In total however content of his activity is of wider character and
different to musical creation.
It ensues from the above mentioned that for considering the character of film sound design
as creative performance it is confusing to apply the designation “musical creation” (it has
specific meaning), but it is more appropriate to use the term sound composition, or sound
structure. This term has wider meaning and it expresses character of the mentioned
creative activity more exactly. The activity however is in this case fully comparable to music
composer´s activity, therefore also with “musical creation”. In contrast to purely musical
composition the sound composition of AV work has however other, totally principal specifics,
especially the need to design and depict sound in functional relation with picture, story line,
sense adequate level of stylization in respect of the style and genre of the work etc. This
activity cannot be considered as creating of music.
In the field of autonomous sound (not a component of AV work) nowadays is used the term
“sound art” (Audio Art, Radio Art) and connected term “sound work” which has characters
of general sound composition and historically follows especially so called concrete and
electronic music.
If it is possible to correctly understand meaning of the partial questions under point 5), it is
about specification what can be considered in sound designer´s activity as product of artistic
nature and what not. I believe that in the answers to previous questions the issue was
explained in detail. Let us summarize these findings in the conclusion: Sound creation in
practice represents wide variety of tasks from purely mechanical to utterly artistic, it covers
needs of many types and genres of production from utility products to original, artistically
ambitious works. Similarly to cameraman or photograph, the sound designer may, from
crafsman and talent point of view, embrace his activity from skilfully routine to artistically
unique and unrepeatable.
Creative demands of sound creation cannot be judged from office worker´s desk. It belongs
to experienced experts who are able to consider demands of sound works in particular
product and evaluate level of abilities of particular sound designer to cope with artistically
demanding commissions on the basis of his previous artistic creation´s results.
Question No. 6: Which is the amount (estimated) of sound designers in the Czech Republic
whose activities´ results meet criteria for negative answer to the second part
of the question sub 3) and at the same time criteria for artistic creation? To
which area of artistic activity (for example audiovisual creation etc.) do their
creations belong?
We do not have specific information on number of sound designers who would belong to the
group specified in the question. Under our estimate, there will not be thousands but hundreds
of creators.
The areas of artistic sound creation can be defined as follows: audiovisual creation (maybe
multimedia), music recording, radio creation, theatre sound design and electronic sound.
Question No. 7: If the answer to the second part of the question sub 3) is negative, is it
possible that the sound designer´s activity result met demands of this answer
as individual creation or always only in connection with creations of other
areas? If the result of sound designer´s activity meets requirements for
negative answer to the second part of the question sub 3) only in connection
with creations of other areas, is it possible to specify the share of sound
designer in the whole creation, or express it in numbers?
In general, the result of sound designer´s activity can be used regardless of other author´s
works or elements. License sales of tiny sound works on internet is known (hustles are
commonly traded). However, sound composition as overall result of sound designer´s activity
is in practice usually connected with creation from other area. As to the audiovisual creation,
sound designer is not limited to the material he obtained during the creation process, but he
can work with his own sound material.
In case of synthetic artistic types (for example audiovisual work, multimedia, stage etc.) the
products are in practice of many genres and forms and the share of sound in the work is also
diverse. If some global assessment of the share would be demanded, it would necessarily
lead to rough sweeping statement.
Question No. 8: Which contracts, or rather contracts with which content, conclude/concluded
sound designers in connection with their activity? Please describe current
situation as well as contracts which were concluded in the past (please
distinguish between labour contracts and contracts for work or license
agreements). If it is appropriate, please attach samples of underlying
documents.
Until approximately 1990, sound designers were workingas employees as well as other
members of creative film crews, for example diresctors, cameramen, architects, conductors
etc.
In present times the majority of sound masters works on the basis of contract for work (they
are so called freelance).
In the following attachments we present samples of contracts which are currently concluded
with creative (attachment A) and technical (attachment B) sound workers in the film area:
A – contract with sound master on creation of audiovisually used work, granting
consent and granting license to use it
B – contract with microphonist on execution of works and performance
Attachment A – contract with sound master
……………………………
(hereinafter the “producer”)
and:
Mr.: ……………................... birth certificate No.: …………………..
address: ………………
bank account No.: …………………………
(hereinafter the “sound master”)
conclude this
CONTRACT
on creation of audiovisually used work – sound master –
and on granting consent and license to its use
article 1
Subject matter of the contract
1. Subject matter of the contract is creation of work audiovisually used and granting exclusive
license by the sound master to use the work in the extent, way and under condisions set by
the contract.
2. The producer by this contract orders at the sound master creation of sound component of
audiovisual work – all evening feature film …………………. directed by ………………….
(hereinafter as audiovisual work, or AVD) and the sound master undertakes to create the
work personally under conditions set in Article 2 of the contract.
article 2
Terms
The sound master undertakes to create the work in the period from
Time of realisation: under the producer´s instructions
Place or realisation: whole territory of Czech Republic
to
article 3
Remuneration
1) For creation of the work to the sound master belongs remuneration in the amount of …..
CZK (in words …………………………… Czech crowns).
2) For granting consent and granting exclusive license to use the work in the limits set by this
contract to the sound master belongs lump remuneration in the amount of ….. CZK (in words
…………………………… Czech crowns).
3) Total amount of remuneration amounts ……………. CZK (in words ……………………
Czech crowns). The remuneration becomes due in the following instalments:
The instalments will be paid on the basis of tax document issued by the sound master with
14days due date.
4) Sound master – VAT payer
In connection with transfer and use of copyright the contractual parties agreed that due day
of respective instalments under above mentioned payment schedule is considered to be date
of realisation of taxable consideration with the sound master´s duty (as VAT payer) to issue
regular tax document within 15 days.
article 4
Contractual parties´ obligations during creation of the work
1) The producer by this contract orders at the sound master creation of the work and the
sound master undertakes to create the work personally under conditions set in Article 2 of
the contract. Creation of other author´s works audiovisually used during creation of the work
as well as co-operation of other professions of the crew during creation of the work will be
provided by the producer, at his own expenses and risk.
2) Sound master undertakes to create the work under instructions of the producer and the
film director, observe the screenplay, production plan, length and budget of the AVD.
3) During creation of the work the sound master is obliged to proceed in accordance with
generally binding legal regulations, he is especially obliged to respect relevant legal
provisions on advertisement regulation in its part regarding hidden advertisement and legal
provisions on running radio and television broadcasting.
4) Sound master shall give back to the producer all objects which were given to him by the
producer in connection with creation of the work, at the latest together with handing over the
record of completed program.
5) Sound master is obliged to notify the producer immediately on any change in his address
mentioned in the contract and on change in state of health if it could influence performance
under this contract.
6) If the sound master does not appear at agreed terms or times to creation of the work or if
he is not capable of proper creation of the work through his own fault and further in case that
he does not hand over completed program in agreed term or if the completed work shows,
with regard of conditions agreed in this contract, irremovable defects, the producer is entitled
to demand contractual penalty in the amount of 10% of total remuneration and compensation
for incurred damage from the sound master. If the breach of obligations of the sound master
is a consequence of reasons which are worth special consideration (illness, injury etc.) on
the sound master´s side, the sound master notifies the producer about such fact immediately
and he proves existence of such reason sufficiently, the producer´s right to claim contractual
penalty from the sound master will not arise.
article 5
Authorisation to execute the right to use the work
1) Sound master grants by this contract to the producer authorisation to use the work created
in accordance with this contract, as a whole or its part at his own choice, by the following
ways of use:
a) right to incorporate the work, without change or after processing, into audiovisual work –
AVD – including right to synchronise the visual component of the audiovisual work with
musical works with lyrics or without lyrics, right to record the work for original sound visual
record of the audiovisual work and right to use the work with using the audiovisual work in
below mentioned ways,
b) right to publish the work,
c) right to copy the work for the purpose of making the work accessible through these copies,
d) right to distribute original or copies of the work (i.e. making them accessible by sale or
other ownership right transfer including their offering for this purpose),
e) right to rent original or copies of the work (i.e. making them accessible by providing for
temporary personal use in order to achieve direct or indirect economic or business profit),
f) right to lend original or copy of the work (i.e. making them accessible to facilities accessible
to public by providing for temporary personal use not in order to achieve direct or indirect
economic or business profit),
g) right to communicate the work to public under Section 18 and following of the Copyright
Act, i.e. to make it accessible in its intangible form, in all ways, namely:
- to live performance of the work and its transmission,
- to performance of the work from fixation and transmission thereof,
- to broadcasting the work by radio or television, as a whole or in parts with inserted
advertisements blocks, with located logo or other label of the broadcasting operator, in
arbitrary frequency, and to retransmission of radio or television broadcast,
- to operation of radio or television broadcast,
- to communication of the work to public in such a way that members of the public may
access it from a place and at a time individually chosen by them, especially by using a
computer network or similar network,
h) right to use the work without change, after processing or other change, individually or in
connection with other author´s works by its inclusion into new audiovisual work (for
example compiled program, program trailers, audiotext trailers, advertisements of the
producer and third persons, remake) or by its inclusion into collected work and to use the
work when using these newly created works in the limits set by this contract for use of the
work,
i) right to use the work, photographs made from the work and in connection of making
primary fixation of the work for making, reproducing and communication of promotional
materials for the purpose of use of the work and promotion of AVD (data regarding
content of the film, promotional clips including so called film about the film, program
trailers, promotional picture publications etc.) including right to use in appropriate manner
and in appropriate extent the name and photograph of the sound master for these
promotional purposes and including the right to use by all ways of use of the work
advertisement of third persons,
j) right to make language versions of the film by dabbing or titles, to replace original sound
component of the work including the musical part by new sound component, to change
title of the work and to use work modified in this way in the limits agreed by this contract
for use of the work,
k) right to put the work into electronic databases, either without change or after processing or
after other change, individually or in connection with other author´s works or as a part of
compiled work, and to communicate these databases to public,
l) right to use all events, names and designations, characters, pictures, dialogues and other
elements from the work or connected with the work for production, including of mass
industrial production of items designated for commercial use and to sale or advertisement
and promotional use of such items (merchandising) and for purposes of verbal, graphic or
combined trademarks´ registration for all classes of products and services without
limitation.
2) License and other rights under the previous paragraph are granted as exclusive, for all
period of economic copyright´s duration, for the territory of whole world, authorising the
producer and third persons deriving their rights from the producer´s rights to use bellow
mentioned objects of copyright protection in any technological method known at the day of
execution hereof (and also in case that such technological method will be used only in
future), in any amount and unlimited number of use. The producer is entitled but not obliged
use the granted license and other rights.
3) The license and other rights under paragraph 1) of this article are granted to the date of
handing over the work, save for rights for promotion of uncompleted work, which are granted
at the day of creation particular parts used for the mentioned purposes.
4) The producer is entitled to grant the acquired rights included in the granted license as well
as other rights to use the work to third person, for consideration or for free, including the right
to grant sub-license and further assignment of the license, in both cases together with other
rights to use the work.
5) With regard of the purpose of this contract and the amount of agreed remuneration the
sound master undertakes that he shall not use his right to withdraw from the contract due to
inactivity of acquirer of the exclusive license under Section 53 (1) of the Copyright Act before
expiry of 10 years after handing over the work and that he shall not demand additional
remuneration under Section 49 (6) of the Copyright Act. The sound master undertakes that
he shall not license to put the work into another audiovisual work and that he shall not put it
in such work himself.
6) The sound master declares and guarantees obligatorily that, before granting exclusive
license and other rights under this contract, he has not granted any non-exclusive license for
use of the work and/or non-exclusive consent to other use of the work to a third person. The
sound master further declares and guarantees obligatorily that he has not granted right to
grant consent with execution of the right to use the work in the limits set in this contract to
any organisation executing collective copyright management, to artistic agency or other third
person.
article 6
Other provisions
1) The producer and third persons deriving their rights from the producer´s rights will state
authorship to the work during its use in accordance with the Copyright Act and common
practice.
2) Film material for making primary sound visual record of the audiovisual work was provided
by the producer, therefore the original of the audiovisual work is in his ownership.
3) Sound master grants herebyto the producer consent to incorporate his name, birth
certificate number and address into computer database managed by the producer and to use
of the mentioned personal data exclusively for purposes of audiovisual works´ production.
4) The contractual parties agreed that content of this agreement would be considered
confidential as well as all information which would become known to contractual parties
during negotiations on this contract, during fulfilment of this contract and in connection with it,
and contractual parties are not entitled to communicate them without prior consent of the
other party to third persons, save for obligations provided for by valid legal regulations, even
after end of this contract´s validity.
5) If the producer decides, after execution hereof, not to realize program for which the
contract is concluded, either due to acts of god, or financial, technical or other reasons, or if
he does not continue in already commenced realisation of the film, he is entitled to withdraw
from the contract with effect at the date of delivery of written notice on withdrawal, either
totally, if there was no consideration made under the contract, or in the part of the contract
regarding non-realized part of the work. In case of partial withdrawal from the contract, to the
sound master belongs aliquot part of remuneration for making the work agreed in article 3 (1)
of this contract set in accordance with amount of already made work. The sound master
grants to the producer right to continue anytime in the future in production of the unfinished
program with use of part of the work made by the sound master, in its original, processed or
otherwise changed form, and to use the work in use of the finished program in the extent of
article 5 hereof; right to use the work when using finished program are however granted
under condition that the producer or third persons who derive their rights from rights acquired
from the producer shall pay to the sound master at the latest before first use of the finished
program aliquot part of remuneration for granting exclusive license and other rights to use
the work agreed in article 3 (2) hereof set in accordance with amount of already made work.
6) Each contractual party is entitled to withdraw from this contract if the other party breaches
its obligations ensuing hereof and it does not remedy the default even in additional term
adequate to circumstances or if it breaches its obligations repeatedly. Granting adequate
additional term for remedy is not needed if the entitled contractual party, with respect of
nature of the breach, cannot be interested in late fulfilment. Withdrawal can be, at discretion
of the entitled party, either total or it can affect only part of the contract regarding defected
fulfilment or its part regarding yet unfulfilled obligations. Withdrawal becomes effective at the
date of delivery of written withdrawal notice. If some consideration for the terminated contract
was provided, or if part of the contract remains valid under the entitled party´s will, the
contractual parties shall mutually settle under relevant legal provisions whilst the sound
master´s claims towards the producer will be set as aliquot part of the remuneration set with
respect to the amount of fulfilment provided by the sound master. Provisions of the second
sentence of the previous paragraph regarding use of the work in case of the program´s
completion and use of the work with using completed program shall apply similarly in case of
partial withdrawal from this contract under this paragraph.
article 7
Final provisions
1) In matters not expressly provided for in this contract the relations which have arisen from
this contract will be governed by the Copyright Act and the Civil Code, as amended.
2) The producer is entitled to assign rights and obligations ensuing from this contract in its
part regarding creation of the work to third persons.
3) All changes and amendments to this contract must be made in written, after mutual
agreement of both contractual parties.
4) This contract becomes effective at the date of its signing by second contractual party in
sequence. It is executed in two counterparts with validity of original, one for each contractual
party.
In Prague on ………………..
…………………………………….
Producer
In Prague on …………………..
………………………………………….
Sound master
Attachment B – contract with microphonist
……………………………
(hereinafter the “producer”)
and:
Mister: ……………...................
address:
Tax Identification No.:
(hereinafter the “entrepreneur”)
conclude under Section 536 and following of the Commercial Code
CONTRACT
on execution of works and performance
I. Subject matter of the contract
Participants to this contract have agreed that the entrepreneur shall execute for the
organisation agreed works or performances:
microphonist under the producer´s dispositions
II. Term of fulfilment
The entrepreneur undertakes to execute works or performances under article I. hereof from
till, supposed number of shooting days is days + safety margin
III. Fulfilment of the obligation
The producer takes over works or performances executed by the entrepreneur on the basis
of issued invoice which the producer verifies in written. The entrepreneur may not entrust
other person with subject maater of the contract without the producer´s consent.
IV. Price and payment conditions
The participants have agreed, in the meaning of the Act No. 526/90 Coll. on prices, on price
for agreed works and performances …………,- CCZK (in words ………………….. Czech
crowns) which shall be paid under payment schedule:
Instalment shall be paid by the producer on the basis of issued document on executed works
or performances with 14 days due date, always after acceptance of the producer.
V. Co-operation of the organisation
Under mutual agreement the organisation shall provide to the entrepreneur:
a. premises and basic means for execution of the role, whilst the entrepreneur is fully liable
for damage on the leased premises or lent means
VI. Liability for defects and sanctions
Liability for defects of agreed works and performances is governed by provisions of the
Commercial Code in relevant Sections, especially Section 560 and the following. In case of
non-fulfilment of obligations under Articles II. and V. of this contract the parties agreed
contractual penalty in the amount of
CZK for each day of delay with fulfilment of
obligations. Payment of property sanctions does not liberate the party from liability for
damage which the other party incurred as a consequence of non-fulfilment of the obligation,
in the meaning of Section 373 and the following of the Commercial Code.
VII. Withdrawal from the contract
1) Both producer and the entrepreneur are entitled to withdraw from the contract if the other
party in case of delay does not fulfil its obligation even in additional term set adequately to
the nature of the obligation by the entitled party with written warning of withdrawal from the
contract. The same applies in case of repeated breach of obligations or defected fulfilment in
the meaning of Article I. hereof. If the producer is entitled to withdraw from this agreement
when conditions for withdrawal set hereof or by legal regulations which govern the contract
are met, because of breach of the contract on the entrepreneur´s side and the producer does
not make use of this right, he is entitled to lower total remuneration agreed in Article 3 hereof
by 30%. This provision on contractual penalty does not exclude producer´s right for
damaged.
2) The producer is entitled to withdraw from this contract at anytime if the purpose of this
contract is dashed, i.e. if the production of the series in question is stopped for financial,
technical or other reasons. In such case the entrepreneur has a claim for compensation of
really and effectively spent costs to the date. Compensations set in the previous paragraph
are at the same time lump compensation for all potential damage which could be claimed by
the entrepreneur towards the producer because of termination of the project´s realisation.
3) If the shooting is interrupted for reasons which were not caused by the parties lying in so
called vis maior (illness of the director, natural catastrophe, illness of some of the main
characters, strike etc.) and this interruption will not last more than 7 days, the terms for
completion set herein postpone for the time necessary for completion of shooting without
increase of remuneration set herein. If the shooting is interrupted for the reasons of vis maior
for more than 7 days, the producer reserves the right to withdraw from this contract.
VII. Special provisions
1) The entrepreneur undertakes to fulfil obligations arising hereof preferentially under needs
of the producer without time limitation and regardless to his potential other obligations. The
working week shall be six days long and the free day does not have to be Sunday. The
entrepreneur further undertakes to follow all safety and anti-fire regulations. The
entrepreneur is obliged to notify the producer of any defects of equipment and caused delays
immediately after finding them out. The producer prohibits the entrepreneur from making
visual and sound record connected with the project´s realisation.
2) The contractual parties agreed that content of the contract shall be confidential as well as
all information which would become known to contractual parties during negotiations on this
contract, during fulfilment of this contract and in connection with it, and contractual parties
are not entitled to communicate them without prior consent of the other party to third
persons, save for obligations provided for by valid legal regulations, even after end of this
contract´s validity.
IX. Final provisions
All changes and amendments to this contract must be made in written. If this contact does
not provide otherwise, rights and obligations of the contractual parties are governed by
provisions on contract for work under the Commercial Code. This contract is executed in 2
counterparts from which one obtains the entrepreneur and one the producer. This contract
becomes effective at the date of its signing by the contractual parties.
In Prague on :
………………………..
entrepreneur
………………………………………
producer
on behalf of the producer
author
__________________________________________________________________________
Person responsible for the evaluation who can confirm it
Prof. Ivo Bláha
unreadable signature
__________________________________________________________________________
EXPERT CLAUSE
This expert evaluation consists of totally 14 numbered pages. Expert evaluation was given by
expert institution registered in the list of expert institutions on the basis of the Ministry of
Justice decision dated 23.7.2002 file No. M-1009/2002, for expert evaluations required in
areas of culture and education (film, television and photographic art and new media with
specialisation: directing, document creation, animated creation, multimedia creation, camera,
film and television technique, editing structure, sound creation, production, screenplay and
dramaturgy, photograph, theory of theatre, film and mass media). Expert evaluation is
recorded in expert diary under No. 132006. Expert evaluation was executed in three
counterparts; in two counterparts it is submitted to the Ministry of Culture of the Czech
Republic and one counterpart is deposited for archive purposes of the expert institution.