Music sample rights.
- Thread starter dr stilly
- Start date
If what you mean is samples of other peoples songs in their songs then they don't have the rights to sync it to picture.
When you clear the use of samples (or any copyrighted material), you pretty much never get complete and unlimited use of the samples. You would get permission (a licence) to use the samples in a particular product (say a piece of music) and there would usually be a number of other conditions attached to the permission.
In other words the artists would need to get copyright clearance for using the samples in their music AND you would need to get copyright clearance to use the samples in your film. The only exception to this would be if the artists specifically get copyright clearance to use the samples in their music and in your film. But, you would need to read the terms of the clearance very carefully or better still, consult a specialist entertainment lawyer to be absolutely safe. You are potentially walking into a minefield, which is why in all contracts where a filmmaker employs a composer there is always at least one clause which the composer has to sign which guarantees all his/her work is original. If it later turns out the composer used samples which were not specifically cleared for use in your film, you are protected by the contract and the composer is the one who gets sued! As a general rule, avoid any music which contains samples.
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In other words the artists would need to get copyright clearance for using the samples in their music AND you would need to get copyright clearance to use the samples in your film. The only exception to this would be if the artists specifically get copyright clearance to use the samples in their music and in your film. But, you would need to read the terms of the clearance very carefully or better still, consult a specialist entertainment lawyer to be absolutely safe. You are potentially walking into a minefield, which is why in all contracts where a filmmaker employs a composer there is always at least one clause which the composer has to sign which guarantees all his/her work is original. If it later turns out the composer used samples which were not specifically cleared for use in your film, you are protected by the contract and the composer is the one who gets sued! As a general rule, avoid any music which contains samples.
G
I'm wondering about this as well because my situation is similar, but it involves a remixed version of a song.
My friend took the isolated vocals of a song and put it to his own music. He doesn't need to get the rights to use those vocal tracks because he's not selling the remix, it's available online for free for people to listen to.
So if my friend has no problem letting me use the remix in my film, is it true that I still need to get the sync license AND master use license from the original band's publisher and record label? Even though it's only a part of the recording and the original melody is almost unrecognizable?
Similarly:
If I'm using a cover of a song, I would still have to get both licenses, but one from the publisher of the original artist, and one from the record label of the artist who's covering the song?
It gives me a headache thinking of it all!
My friend took the isolated vocals of a song and put it to his own music. He doesn't need to get the rights to use those vocal tracks because he's not selling the remix, it's available online for free for people to listen to.
So if my friend has no problem letting me use the remix in my film, is it true that I still need to get the sync license AND master use license from the original band's publisher and record label? Even though it's only a part of the recording and the original melody is almost unrecognizable?
Similarly:
If I'm using a cover of a song, I would still have to get both licenses, but one from the publisher of the original artist, and one from the record label of the artist who's covering the song?
It gives me a headache thinking of it all!
When syncing music to film you need permission from
1. The copyright owner of the recording and
2. The owner of the copyright of the song/music.
So to use samples in a film you'll need permission from both
To cover a pre existing song you need permission from The owner of the copyright of the song and the person who owns the recording of the cover.
1. The copyright owner of the recording and
2. The owner of the copyright of the song/music.
So to use samples in a film you'll need permission from both
To cover a pre existing song you need permission from The owner of the copyright of the song and the person who owns the recording of the cover.
If the original artist has granted the rights to do that, then you are correct. He doesn't need to get the rights because he was given the rights. However, if he did that without permission from said artist, then he does need the rights, regardless of commercial intent. That said, most artists aren't going to sue over a fan remix...but they could. Either way, yes, you do need a license from the original artist to use the remix in your film.
Your other question is less murky:
Yes, that is correct.
Effectively, your friend has stolen someone else's intellectual property and is distributing it free on the internet. It's a simple rule, if it was created by someone else, it belongs to someone else and using or distributing it without their permission is basically theft. The owner/s of the intellectual property might never find out about it or they may decide not to sue but the fact remains that your friend has broken copyright law and has left himself/herself open to prosecution.
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If on the release form the artist claims that he owns full rights on the song then would I be in the clear and would he be the one facing any backlash from the artist who's sample he used?
I'm not saying I would do that unless the producer was clear on taking that risk but just want to know if this would be the case?
I'm not saying I would do that unless the producer was clear on taking that risk but just want to know if this would be the case?
I've only ever dealt with contracts rather than a release form. It is usual practice to have a contract with a composer rather than a release form because of the added complications of copyright licensing. Providing the artist/composer signs a document with a clause stating that all their work is original and granting you a licence to use his/her material, you are protected against being sued for breaking copyright law. Or rather, depending on your local legal system, you might still be sued by the copyright holder and then you would have to sue the composer for your expenses and whatever amount the court awarded the copyright holder. So you are protected ultimately, though certainly not in a hassle free way!
Even if the copyright holder goes after the composer directly, rather than you (the production company), you are NOT "in the clear"!!! Regardless of who is sued, your film still contains un-cleared copyrighted material. So the Copyright holder could serve you with an injunction to stop you screening, selling or distributing the film until you either obtain copyright clearance or remove the copyrighted material from your film. Obviously the copyright holder has you over a barrel to an extent and will likely demand a hefty price for copyright clearance. In theory, you would then have to sue the composer for any costs or losses you incur from having to obtain clearance or remove the copyrighted material.
Caveat: I've had a fair bit of experience over the years with the legalities of copyright but I'm not a lawyer.
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Even if the copyright holder goes after the composer directly, rather than you (the production company), you are NOT "in the clear"!!! Regardless of who is sued, your film still contains un-cleared copyrighted material. So the Copyright holder could serve you with an injunction to stop you screening, selling or distributing the film until you either obtain copyright clearance or remove the copyrighted material from your film. Obviously the copyright holder has you over a barrel to an extent and will likely demand a hefty price for copyright clearance. In theory, you would then have to sue the composer for any costs or losses you incur from having to obtain clearance or remove the copyrighted material.
Caveat: I've had a fair bit of experience over the years with the legalities of copyright but I'm not a lawyer.
G
I see where you're coming from with this, but actually in this case, the original vocal stems were released to the public by the record label for remix artists to work with as they please. These days in the music industry it's actually pretty common practice, as remixes are becoming more and more popular.
I figured as much. Great advise, thanks a bunch.
Okay. One more dumb question, I just had a guy send the agreement back to me via email, he just typed his name on the signature line. I commented on this and he said that he does many deals on the internet this way but I have never. Is it legit or should I insist on a signed hard copy?
Okay. One more dumb question, I just had a guy send the agreement back to me via email, he just typed his name on the signature line. I commented on this and he said that he does many deals on the internet this way but I have never. Is it legit or should I insist on a signed hard copy?
In that case they were probably released with terms and conditions attached so best to have a look if these include syncing to picture.
By "samples" you still haven't clarified if you mean "sampled instruments" such as EWQL virtual instruments or "sampled music". Either way, to answer your 2nd question, get him to sign it with a pen. He could claim in court that he never signed it otherwise.
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I've never heard of a record label giving unrestricted, unlimited copyright clearance to anyone. As M. Allen indicated, I guarantee you there are limitations, terms and conditions to comply with. Generally the minimum requirements are to credit the artist and record company but it's also common for there to be a limit on the duration of the sample used. This is just for remixes though and in no way implies that you can use the material in your film. which is a completely different (synchronisation rights) use. You would still need clearance unless the terms and condition specifically allowed for synchronisation rights and to be honest I can't recall ever having seen sync rights given away for free to the public domain by a record label.
Even with sampled instrument collections specifically designed for use in TV/Film there are always "Copyright Notices" included, detailing how they can be used. For example the Vienna Symphonic Libraries require that they are credited when the samples are used in film/TV productions.
As MetalRenard said, anyone can type a name, so there is no proof that the guy has even read your agreement, let alone legally agrees to abide by it's terms and conditions. An agreement with a typed name might be legally binding depending on your local legal system but is probably going to be about as easy to enforce as a verbal agreement without any witnesses (IE. Pretty much impossible). So this guy is either lying to you (which implies he is intending to scam you or break the agreement) or is incredibly ignorant of how business is done. Either way, by saying what he's said would have started my alarm bells ringing and I personally would be looking to find someone else. If that's not an option, I would get him to sign the agreement (with a pen) AND send me a copy of his passport (or other official identification containing his signature), to verify that he has signed with his signature!
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I think legally he can sign it by typing his name, but for you to protect yourself, I'd get an actual signature. Most likely the guy is lazy and doesn't want to print out the document and re scan it.
I'm lazy too, I actually have a jpg scan of my signature that I just insert into documents with photoshop. Saves me so much time
I'm lazy too, I actually have a jpg scan of my signature that I just insert into documents with photoshop. Saves me so much time
To be honest, if it's because he's too lazy to sign it and that's why he just typed it, then I wouldn't trust him for anything at all, ever. I'd just drop him and find someone else.