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Can I screen at a festival prior to securing rights to music?

I'm brand new to documentary filmmaking.

I have just completed an 18 minute documentary short that I am about to start submitting to festivals. However, there is a song that the subject of my documentary sings a cappella. This song was written in the 1930s, is not a hugely popular song, but is currently owned by a major publishing house.

I fear this publishing house will ask an exorbitant amount for the license. I do not have a lawyer or representative to negotiate with the publisher on my behalf and I certainly don't have large funds.

1) I am wondering if I can use her a cappella performance for the purposes of festival screenings without getting into trouble?

2) I am wondering if I can use an instrumental accompaniment (with its own copyright and license) underneath her vocals for the purposes of festival screenings without getting into trouble?

FYI: My hope is that an eventual distributor would be willing and better able to negotiate on my behalf to pay for the song.

I was wondering if anyone here has experience with this or if you can lead me to a link or website that can clarify this for me?

Thank you so much!
 
I fear this publishing house will ask an exorbitant amount for the license.

Call 'em up & ask 'em. Why speculate and remain in fear for no reason? Heck, even Happy Birthday ain't all that much (espec for small projects), and that's one people throw a hissy-fit over. How much is "too much" for you? How can you even ask someone to get a better deal for you, when you don't have that baseline established to start with?

As far as "will you get into trouble"...

Filmfests typically ask you to sign off that you have all the necessary clearances. They'll take your word for it, most times. If your film is genuinely totally awesome, and gets a lot of attention... well, it's gonna get a lot of attention. How flexible you think a copyright holder is going to be after the fact? At that point, they know you neeeeeeeeeed it. Also, how expensive ya reckon E&O's gonna be, when you can't produce clearances? (I'm just assuming you also don't have this already)

FYI: My hope is that an eventual distributor would be willing and better able to negotiate on my behalf to pay for the song

Not gonna happen. Well, never say never I guess... but still. Distributor's are looking to distribute finished, complete films. Not produce them.

18 minute documentary short (...) eventual distributor

How's the market for 18-minute docs these days? :hmm:
 
Thanks so much for all of your great advice, Zensteve. I will reach out and try to see how much the licenses cost.

One more question about this. If I want to use a recorded version of the instrumental song underneath the singer, do I need to contact the publisher in addition to the music group/record label who recorded it? Do I need to get two separate licenses? Or just the license from the music group/record label?

Thanks again!
 
The song is a little obscure (not a traditional standard) and recorded by an older group who are not famous (the members may not still be alive...I have to do a little more research). However, the song was recorded through a major record label in the 60s.

Because my singer is singing the song and the recording is a separate thing that would be accompanying it, would I need clearance from the publisher and the record label? Or just the record label?

Maybe it would be easier and less costly to try to get someone to record accompaniment on a piano and then just get clearance from the publisher?

I appreciate any thoughts you have for me. Thank you!
 
I'm not a lawyer, disclaimer, yadda yadda.

Dude, you can totally get away with it. Most film fests won't care, let alone even notice that there might be a problem.

I think the odds are slim that this major music label might have a representative in the audience, and when the song plays, they're like, "Hey, I don't remember giving clearance for that song!"

The real question is whether or not you feel morally okay with violating a copyright. Many people are hardliners on this question, and feel like copyright should never be violated, EVER. I'm not one of those people. No harm, no foul?
 
1) I am wondering if I can use her a cappella performance for the purposes of festival screenings without getting into trouble?

It's possible. It's also possible that the trouble starts later.

2) I am wondering if I can use an instrumental accompaniment (with its own copyright and license) underneath her vocals for the purposes of festival screenings without getting into trouble?

It's also possible. For instance, it's possible that I break the law and never get caught. If I don't get caught, I don't suffer the consequences.

A big problem you have now is that you've posted in a public forum and had people quoting your questions. The question of whether you've done this intentionally or accidentally is no longer a consideration. If you intentionally break copyright law, the punishments tend to be much more severe.

FYI: My hope is that an eventual distributor would be willing and better able to negotiate on my behalf to pay for the song.

Not gonna happen. Well, never say never I guess... but still. Distributor's are looking to distribute finished, complete films. Not produce them.

If it's that commercially viable, then it's possible.

How's the market for 18-minute docs these days?

That's the real question, isn't it?

The first question you need answered. "Is the piece in question still protected by copyright?"

Source: http://en.wikipedia.org/wiki/Copyright
Code:
In the United States, all books and other works published before 1923 have expired copyrights and are in the public domain.[42] In addition, works published before 1964 that did not have their copyrights renewed 28 years after first publication year also are in the public domain, except that books originally published outside the US by non-Americans are exempt from this requirement, if they are still under copyright in their home country.

Odds on, the piece you're looking at isn't protected.

So you may look for the publisher and ask them for a price. They're going to be more than happy to charge you a "fee" to use their material, even though you aren't required.

If I were you, I'd check if you are required.
 
FYI: My hope is that an eventual distributor would be willing and better able to negotiate on my behalf to pay for the song.

Dude, you can totally get away with it. Most film fests won't care, let alone even notice that there might be a problem.

Dude, you totally CANNOT get away with it! Sure, you will probably get away with it at a film festival, provided you are comfortable lying when you sign the festivals' documentation stating that you have the necessary clearances. However, every distributor I'm aware of will drop your documentary like a rock unless you can prove you have the required clearances. As Zensteve said, a distributor is just that, a distributor, NOT a producer and they will not negotiate on your behalf, they will just move on and find something which they can legally distribute. In fact, copyright clearances is one of the most (if not the most) common reasons why distributors reject indie content after showing an initial interest.

2) I am wondering if I can use an instrumental accompaniment (with its own copyright and license) underneath her vocals for the purposes of festival screenings without getting into trouble?

Same applies as before, you will need a license from the copyright holder of the composition (the publisher) AND a license for any musical recordings you use (even if they are only "accompaniment"). Again, you will probably get away with it at a film festival but not with a distributor, who will require legally binding licenses for everything!

G
 
Dude, you totally CANNOT get away with it! Sure, you will probably get away with it at a film festival, provided you are comfortable lying when you sign the festivals' documentation stating that you have the necessary clearances. However, every distributor I'm aware of will drop your documentary like a rock unless you can prove you have the required clearances. As Zensteve said, a distributor is just that, a distributor, NOT a producer and they will not negotiate on your behalf, they will just move on and find something which they can legally distribute. In fact, copyright clearances is one of the most (if not the most) common reasons why distributors reject indie content after showing an initial interest.

The OP didn't ask about distribution (which, as Zensteve hinted at, is EXTREMELY unlikely to happen, for an 18-minute documentary). The OP only asked about screening at a festival, and yes, he definitely can get away with it.

The real question is SHOULD he do it? It would definitely be legally wrong. But would it be morally wrong? :huh:

Also, most festivals don't make you sign anything. The impression I get is that most festivals don't care.
 
I think the answer (in question form) is: shouldn't we be trying to iron out best practices, especially as someone starting out? Why cut corners and try to skirt the issue?

It's really simple (and has already been outlined earlier in this discussion): get in contact with the publisher and go from there.

- Mike
 
I think the answer (in question form) is: shouldn't we be trying to iron out best practices, especially as someone starting out? Why cut corners and try to skirt the issue?

It's really simple (and has already been outlined earlier in this discussion): get in contact with the publisher and go from there.

- Mike

I don't disagree with any of this at all. Forget about the moral implications (as there will be differing opinions on that), I don't think there's any question that using the song would be the lazy way out. In a separate thread, Alcove mentioned how many indie bands are interested in getting their music in videos. If you're unable to get permission from the publisher, does it really have to be THAT EXACT SONG? Could you not get a lo-fi recording of some local singers, doing a cheap knock-off of the original song? Besides standing on legal ground, that could also be a lot of fun.
 
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