Behind the fall of ‘Lovezinho’: why negotiations between Treyce and Nelly Furtado’s publishers went wrong

Behind the fall of ‘Lovezinho’: why negotiations between Treyce and Nelly Furtado’s publishers went wrong

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Brazilian music publishers offered 30% of the rights to foreigners. Sony, which represents Nelly Furtado, wanted to release the recording, but with 100% to foreigners and a fine of US$ 40,000. Nelly Furtado (left), author of ‘Say it right’, song with chorus used in ‘Lovezinho’, hit danced by Xurrasco and sung by Treyce (left) Divulgation / g1 The song “Lovezinho” was taken off the air after a negotiation in which Brazilian music publishers offered 30% of the royalties to Nelly Furtado and her partners on “Say it right” for the use of the chorus melody. On the other hand, the publisher representing the Canadian company wanted 100% of the authorship for foreigners, and a fine of US$ 40 thousand (about R$ 200 thousand), for the unauthorized use of their work by Treyce and WK, authors of “Little love”. g1 spoke with José Diamantino, legal director at Sony Music, who represents Nelly Furtado in “Say it right”, Vinícius Pinheiro, legal consultant at EM Publisher, who represents producer WK, and Priscila Sena, Treyce’s lawyer. What’s the problem? “Lovezinho”, one of the hits of the 2023 carnival, uses the melody of the chorus of “Say it right”, released in 2006 by Nelly Furtado. The composition is by her with the North American producers Timbaland and Danja. Use was not previously authorized under copyright rules. That’s why Nelly Furtado’s publisher charged for these rights two months ago, and they started negotiating. Editora is the company that takes care of copyright. When he registers a song, he chooses a publisher to deal with these rights. The company starts negotiating the use of the work on behalf of the musician. What was the proposal of the editors of the Brazilians? Treyce Press Release Vinícius Pinheiro says that the offer was 30% of the rights to foreigners. According to him, the share was already greater than what they intended to give before, which was 20% (as WK spoke to the podcast g1 heard). “There was no openness on their part. They warned that it would be knocked down last week, and now it has,” says Vinícius. “Sony imposed 0% copyright plus a $40,000 fine, which we do not agree with.” What was the foreign editors’ proposal? Nelly Furtado Press Release “The fact that we propose 100% authorship (for the authors of “Say it right”) is not arbitrary. It is super common in the case of versions”, says José Diamantino. “In ‘Festa no apê’, by Latino, for example, (version of the Romanian song ‘Dragostea Din Tei’), he didn’t keep anything authorial, but he managed to release the song and was successful with it”, he exemplifies. Here is the big difference: foreigners consider “Lovezinho” to be a version of “Say it right” (the same song adapted into another language). But the Brazilians claim it’s just a quote (an excerpt or element of a song included in another). Treyce and WK’s expectations may have increased due to the case of the forró song “Coração Dog”, in which the Englishman James Blunt authorized the use of his melody and asked for only 20% of the authorship in the agreement. “This happened because of the intervention of the artist (James Blunt),” says Diamantino. Sony was also the publisher of the English singer. In the case of “Say it right”, the request from abroad to release a smaller percentage never happened. He says he does not know if Nelly Furtado is personally accompanying the negotiation, but that all the steps in the conversation, including the removal from the air, were approved by Sony Publishing abroad, which is in contact with the copyright owners. “The right thing would have been to order earlier,” he says. “Even so, after all, there wasn’t the agility of the case of ‘Dog heart’. It was that of ‘wait a minute, let’s talk’. You feel that the person does not want to solve it”, says Sony’s legal director. With whom is the authorial budget already raised for ‘Lovezinho’? The copyright money that the song earned was never distributed. Because of the dispute, the funds are stopped at the Central Office of Collection and Distribution (ECAD) and streaming platforms, until the resolution. Lawyers did not say what the amount is. Treyce left with nothing? No, she collected rights as a performer of the song. YouTube, for example, pays part of the income to the authors and another part to those who interpret the works. She stayed with all the non-authorial part, in addition to other income from her channels on this and other platforms, shows and more activities that came with the hit. ‘Lovezinho’ can come back? There is hope that “Lovezinho” will return. José Diamantino says that the objective was not to take the music off the air. “We remain open to an agreement,” he says. “It’s not that it can’t be legalized. What we can’t accept is this ‘let’s talk’ while the music plays and generates money.” The Brazilian side does not know what the sequel to “Lovezinho” will be. “We are talking to find out what the measure is. It is not that we have given up, but we are evaluating”, says Vinícius. Compare ‘Lovezinho’ and ‘Say it right’ ❤️🕵️ Understand the sequence (of facts) of ‘Lovezinho’: 📝 In July 2022, Rio de Janeiro producer WK created an arrocha with the melody of “Say it right”, by Nelly Furtado, in the chorus. 🎤 He called Treyce to finish and record “Lovezinho”. But it didn’t explode right away. 🕺 In early 2023, the track became a phenomenon, thanks to a video by dancer Xurrasco. 👱‍♀️ 👱🏽‍♂️ Treyce and Xurrasco emerged during Carnaval (and even found out that they studied at the same high school in Bangu, in Rio, but had never spoken). 📧 After Carnaval, the Brazilians received notification from Nelly Furtado’s publisher. The musicians began to negotiate a division 🚫 Two months later, without an agreement reached, the publisher that takes care of the copyright of “Say it right” ordered the song to be taken down.

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