Are shorts submitted to festivals considered as non-commercial products?

I've emailed my favorite band to ask for their permission to use their tracks in my upcoming short. They've given me permission to use their tracks and they said as long as I give them full credit for the tracks in the credit line that would be ok with them as long as the film is used for non-commercial purposes. And if I intend to use the film in any commercial way I should contact them again for negotiation.

Since we don't have any copy right law in Iran I'm not familiar with licensing stuff. Are short movies submitted to famous american film festivals such as Sundance considered non-commercial?
 
Will you be signing a contract with them or is this a “hand shake”
agreement?

In general film festival submission is not considered “commercial”
use. If you are only relying on email's (which is fine) then the right
thing to to is renegotiate if you change the agreement. If you will
be using an official contract you (and the band) can spell out exactly
what you each expect.

Music rights can be complicated. If the band is happy with email
permission you're good as long as you don't break the agreement.
 
Will you be signing a contract with them or is this a “hand shake”
agreement?

In general film festival submission is not considered “commercial”
use. If you are only relying on email's (which is fine) then the right
thing to to is renegotiate if you change the agreement. If you will
be using an official contract you (and the band) can spell out exactly
what you each expect.

Music rights can be complicated. If the band is happy with email
permission you're good as long as you don't break the agreement.

I think the email itself is a handshake agreement. I have the screenshot of my email and theirs. I don't know how I can post the screenshot here. But I specifically asked for certain tracks ( four tracks in total) and I asked for their permission. The owner's partner answered me . And said we'r fine with it as long as you give us the full credit for the tracks. And he sent a sentence for me and told me to use this sentence for their credit line : All Writing and production by Simon Posford and Benji Vaughan. Published by Twisted Music Limited UK. Copyright Twisted Records Limited UK
 
A film festival is "non-commercial". You are not making money from it. In fact, the festival is good publicity for "the band" and for everybody associated with the film, so you should welcome a public screening.
 
Keep in mind, however, that every festival has different rules. Some festivals will require you to submit all the necessary documentation to prove that you have obtained proper permissions to use whatever copyrighted materials may be in your project, and, of course, each festival will have its own specific requirements for such documentation.
 
Keep in mind, however, that every festival has different rules. Some festivals will require you to submit all the necessary documentation to prove that you have obtained proper permissions to use whatever copyrighted materials may be in your project, and, of course, each festival will have its own specific requirements for such documentation.

That's ok. I already have the screenshot of our email and them giving me permission . If any festival required documents for copy right materials, I will give them this email. It seems the band is happy with an email handshake.
 
It seems the band is happy with an email handshake.

They always are until they aren't. It happened to a production I was involved with once. The band signed with a label and everything went pear shaped for the producer.
 
I think the email itself is a handshake agreement. I have the screenshot of my email and theirs. I don't know how I can post the screenshot here. But I specifically asked for certain tracks ( four tracks in total) and I asked for their permission. The owner's partner answered me . And said we'r fine with it as long as you give us the full credit for the tracks.

That will be enough for most festivals.

When do you start shooting this movie?
 
That will be enough for most festivals.

When do you start shooting this movie?

Soon. Finding a female actor that matches the script description is the part that's taking too long( Given the religious beliefs of most people in Iran, finding an actress who's willing to play this part gets a bit hard). Anyways I don't think the film would be ready for this year's festivals. It has to wait till next year for the submission. But I needed this band's blessing since I really need their tracks for this movie ( The tracks are in absolute sync with the creative vision I have in mind). So I wanted to be sure that I can use these tracks before investing any further in the movie.
 
I need to learn the editing process, and I'm sure if I want to get the scenes right, I will need to learn many things by trial and error, from the sound to lighting to directing the actors. So that's why I don't think I can pull off what I have in mind by 3 months. I have yet many things to learn.
 
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1. Ask yourself, if you have to change the music later, if you are okay with that.

If yes, move forward with the loose contract knowing that you may (or may not) have to make changes later. If no, and this is vital to your film, get everything in writing now.
 
1. Ask yourself, if you have to change the music later, if you are okay with that.

If yes, move forward with the loose contract knowing that you may (or may not) have to make changes later. If no, and this is vital to your film, get everything in writing now.


I don't wanna risk loosing these tracks by asking for a paper permit. They may not otherwise grant this permission. I don't want to freak them out by going over strict. I don't think this band's tracks have been used in any movies before. Besides, so far they've let me use their tracks. As long as I can enter festivals with those tracks on my film that's ok. I was thinking it doesn't matter if later on they change their minds after the festival. My film is already exposed by then. And after the exposure if they want me to remove their tracks from the film I will do so.

Besides isn't an email permit legitimate enough to prevent any potential law suits? They've specifically granted me permission. And as mentioned above, this movie can be a good exposure for their tracks too. and if by any chance we decide to commercialize the film ( which is unlikely for a short film) then they will get paid too. I don't see any reason why they should change their minds about it.
 
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I'm assuming this is not a "famous" band and your email contract can be okay for now. You ask if this prevents lawsuits? Uh no, and you know anyone can sue for anything, and to defend your position, then you need $ for a lawyer. What an entertainment attorney does is draw up a proper contract. Let's say for example this band does not even own their publishing rights. Some bands may be like "Hey yeah you can use it" and then someone steps in and says "Um no, they don't have the right to do that, we do." You never know what can happen.
 
For festivals, if you are happy with the email agreement and think anything more will spook them just go for it.

If the film gets sold, makes money in any way, or if anyone wants to use any portion of the film with the music, then you need to work that out legally.
 
I'm assuming this is not a "famous" band and your email contract can be okay for now. You ask if this prevents lawsuits? Uh no, and you know anyone can sue for anything, and to defend your position, then you need $ for a lawyer. What an entertainment attorney does is draw up a proper contract. Let's say for example this band does not even own their publishing rights. Some bands may be like "Hey yeah you can use it" and then someone steps in and says "Um no, they don't have the right to do that, we do." You never know what can happen.

Yeah you're right. You never know what can happen.

But they do own their publishing rights.
 
For festivals, if you are happy with the email agreement and think anything more will spook them just go for it.

If the film gets sold, makes money in any way, or if anyone wants to use any portion of the film with the music, then you need to work that out legally.

Yes, they mentioned this too. If I want to use the film in any commercial way I have to contact them for negotiation. And if anyone wants to use any portion of the film they have to go through me first right? So on both sides I have control here.
 
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Synchronization (songwriter) rights means you have the right to use that compostion synced with your picture. Then there's master rights, of who own the recording (not the songwriting).

If a TV show wants to show a clip of your movie etc., you are usually covered, but some contracts specify that music must be cleared once again.

BUT you don't have neither, you have an email.
 
"The most important thing to know is that there are two rights to every song. There is the person who wrote the song (who holds the publisher rights, aka “sync” rights) and the person who recorded it (who holds the “master” rights). To use this piece of music you need permission from both entities. You can listen to a song like “All Along the Watchtower” by Jimi Hendrix, but you may not know that the writer is Bob Dylan. To determine who owns the rights to songs, the websites ascap.com and bmi.com are extremely helpful."
 
"The most important thing to know is that there are two rights to every song. There is the person who wrote the song (who holds the publisher rights, aka “sync” rights) and the person who recorded it (who holds the “master” rights). To use this piece of music you need permission from both entities. You can listen to a song like “All Along the Watchtower” by Jimi Hendrix, but you may not know that the writer is Bob Dylan. To determine who owns the rights to songs, the websites ascap.com and bmi.com are extremely helpful."

They said that I should use this sentence for the credit : All Writing and production by Simon Posford and Benji Vaughan. Published by Twisted Music Limited UK. Copyright Twisted Records Limited UK

Doesn't this cover both sync and publishing rights ? The founder of the publishing company "Twisted records" is Simon posford himself, the composer of the mentioned tracks.
 
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That sentence does not say who owns the recording but I would assume the band does. That's why doing it right is good. No need to assume!

I am in a band. When I record we own the recordings. If we were signed, we may not. Even if we were not signed, sometimes the producer is part of the ownership. You never know!
 
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