Using a cover in a film?

M

MaximusXXX

So I have a few bands that have responded to me about being able to cover most songs (it'll be simple ones anywho) and I've come to some findings but I need some clarification.

I found out that unless you're actively distributing the cover for profit, you don't owe royalties.

Now I also found if you change the original song in the cover, like most of the lyrics and drum sequences for instance, you may even get away with free distribution.


However overall since right now I'm at the "shoot film, submit to festival" stage, can I just hire a band to cover some songs for me and use those songs in the film? Do I need to reference the original band?

Etc, etc, etc.
 
Sort by date Sort by votes
You still need to get a license to do cover songs. If you want to use the original master song then you may need both a sync licence and a master license. If you want to use a cover song you still need a sync license for the composition of the song.
 
Upvote 0 Downvote
Let's discuss the terms.

Royalties are a percentage of the gross or net (depending
on the contract) paid to the copyright owner. Many songs
are licensed royalty free. No percentage payment is required.
Or if you do enter a percentage agreement with the copyright
holder and you never make any money then no royalties
will be paid.

You still need permission to cover a song and put it in your
movie. And that permission may requite a payment. And
that permission may be royalty free. But when using someones
copyrighted material you need the rights to do so - even if
you will never make any money on your movie. The right to
copy is the right of the owner - how much money you will or
won't make isn't relevant in those rights.
 
Upvote 0 Downvote
@mfparcher, and MaximusXXX,

The first thing you have to realize, when dealing with 3rd-party copyright infringements, is that you still have to purchase what is called a Synchronization License. Remember, this license does not grant you permission overall; it only allows you to come into contract with the studio who does own the rights to the song. Secondly, everything you do depends on a contract that you must write up. You should have your contracts approved through your lawyer.

Always remember this, you are not asking for the artist's permission; you are asking for the studio's permission. Every studio has, or should have, a legal party representing them. There are always a way around dilemmas.

Also, if you can afford it, hire a music director for your film.
 
Upvote 0 Downvote
I used a cover of "something stupid" performed by a (very cool) band in Indie Jonesing. This cover song proved the most difficult song to license. I cant warn you enough, stick to original songs by unsigned bands. The last thing you want is to make a great, "unreleasable" movie because of licensing issues. Despite what you may think, the adage "better to ask forgiveness than ask permission" is most often bullshit.
 
Upvote 0 Downvote
You must log in or register to reply here.
Back
Top