Copyright

Hello,

I joined this forum because I was hoping someone could help me with some legal questions I've been having regarding music used in a film. A friend and I are in our senior year of high school and we are in the process of wrapping up our second short film. It's partially for class credit and partially to enter in a local film festival. The movie takes place in the 1950's so naturally we needed some time era music to set the mood. Do we need licenses to all the songs we're using (there's quite a few)? Are we protected by Fair Use? If so, does fair use only apply in the classroom? What about festivals or posting to YouTube? If we do need licenses, are there any guides to getting the rights that we should follow or anyone here that could act as some kind of adviser to make sure we don't mess anything up? Any help would be greatly appreciated!

TL;DR Need help understanding copyright law for music in film
 
It depends on the music you are using. If you are working with a composer, that composer will have to sign a form indicating that you have permission to use his/her music for release and profit. If you are using music from a band that you have not asked permission from, either contact them or (if they are a well known band, which will most likely cost you insane amounts of money) find other music. You also may want to look into public domain and royalty free music.
 
Welcome to indietalk!

Do we need licenses to all the songs we're using (there's quite a few)?
Yes you do. However, if you are only showing this in school you can
get away with violating the right to copy. Most festivals will require
the proper licenses. While you see movies on YouTube all the time
that violate copyright it is still wrong and technically illegal.


If we do need licenses, are there any guides to getting the rights that we should follow or anyone here that could act as some kind of adviser to make sure we don't mess anything up?
There are two rights you need to clear; that is to say, you need to
get two different licenses to use the music.

--Synchronization License: This is the right to synchronize a song
or a piece of music with your visual image. It must be obtained
from the copyright owner of the music, which is usually the
publisher. You can find out who the publisher is by using ASCAP's
Clearance Express (ACE) at http://www.ascap.com. Songs
that are not represented by ASCAP might be found at the National
Music Publishers' Association "Songfile" website
http://www.nmpa.org. You will be provided with a
contact at the publisher's Business Affairs or Licensing
Department.

--Master Use License: This is the right to reproduce a specific
recording of a song in your film. You clear this right with the
record label who owns the specific recording you would like to
use; see the liner notes of the recording to find out which
company this is. Alternatively, you can get contact information
for record labels by calling ASCAP's Film/TV Department. You will
be provided with a contact at the record label's Business Affairs
Department.

Then there is Festival Rights Licensing. If you know you will never
show your movie outside of a film festival - that includes the internet -
then you might ask for these rights. Some copyright owners will
grant these rights, but it severely limits what you can do with your
movie.
 
And don't just think that if the artist gives you permission to use the song, even in writing, that you are okay. Some of these guys don't even realize that they don't own their own songs. I did a project and got permission from the artist and someone at Sony hunted me down about using it.
 
Your safest bet is to find and use Public Domain music from the 1950s. Google search should help you to locate a web site where you can download some music from the 1950s. ChimpPhobiaFilms gave a nice breakdown of different options.
 
We have looked into royalty free stuff, none of it seems to be what we're looking for. My partner knows quite a bit about the 50's and wanted very specific music for specific scenes.
 
As directorik mentioned you probably won't have any problems with your school project. However, if you want to enter film festivals or desire any type of distribution you will have to provide a Synchronization License and/or a Master Use License. As has also been mentioned obtaining permission for very well known songs is difficult and, even worse, very expensive. I played with the Del Vikings; their hit "Come Go With Me" is one of the most popular 50's songs according to oldies stations requests and royalties payments. Clarence Quick's estate is fairly reasonable about letting the song be used in films; at last check they only wanted $25,000 plus minuscule points. Compared to, say, "The Middle" by Jimmy Eats World which will set you back $100,000 plus substantial points.

If you plan on doing the festival circuit or any type of distribution you can try getting a Mechanical License for the song(s). This is legal permission to do a new recording of the song and is much less expensive than a Sync or MU license for the original recording. You will still need a Sync/MU license from the artist(s) who rerecords the song for you, but, since you most probably are paying for the Mechanical license and the recording costs they are a formality since you own the new recording. (These costs do not include the fees for your entertainment lawyer and filings for copyright, of course.) You'll most probably still need to make royalties payments to the original composer(s).

There are thousands of indie artists and bands who will gladly let you put their music in your film for nothing, or a tiny sliver of the pie in the unlikely event that the project goes huge. This includes "new" 50's style bands. They could do the new recording of your song(s) or may even be able to write a "sound-alike" track that would be less expensive still.


Several years ago a client used quite a few well known songs in his film (I warned him repeatedly.....). Distributors would not even talk to him until he replaced the songs. I didn't mind; I got the music supervisor gig, had to edit & spot the new songs and remix the film.

BTW, if you use an intellectual property for which you have not obtained the rights in your project, and that project goes viral, the advertising revenues from YouTube will go to the legal owner of the intellectual property, not to you.


So just keep in mind that if you ignore our warnings and advice it may cost you a lot of money to replace and remix, or even worse, you may spend lots of money on lawyers when the illegal usage suits come in.


As always you should consult with an entertainment law specialist.
 
We have looked into royalty free stuff, none of it seems to be what we're looking for. My partner knows quite a bit about the 50's and wanted very specific music for specific scenes.

Let me just be blunt: Figure $50K per song. Do you have it?

This is why you're getting the wise suggestions here. You can't use pop music in film unless you're rolling in dough.
 
We have looked into royalty free stuff, none of it seems to be what we're looking for. My partner knows quite a bit about the 50's and wanted very specific music for specific scenes.
High school beggars can't be choosers. :grumpy:
Use the public domain material. :yes:

Want in one hand, spit in the other, see which fills up first. :)
 
Want in one hand, spit in the other, see which fills up first. :)
lol, never heard that expression before.

I just finished a shoot and PD music is great. If you don't want to record it yourself, you can also get sound effects and things in the creative commons, and add a small line in the credits.

You will have to sign an acknowledgement that you have all the licenses for all the sound if you want to enter it into a festival, so might as well get started finding music you can use legitimately. Otherwise, you pretty much can't enter it.
 
lol, never heard that expression before.
The adventures of Letterman!!!
Turns the letter "h" into a "p!"

adventures_of_letterman_by_avricci-d3yadtj.jpg



A goog search for THAT will likely turn up more results.
However, considering the youthfulness of the audience here I had a moment of charity and opted to provide a fair-enough substitute. :blush:
 
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