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Originally posted by Defense_PHIST

Could someone help me with this situation? I've noticed that a lot of filmmakers like myself use original music for their shorts/movies. Are they getting the permission/rights to use the music from the songwriter/owner?

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Most are not getting permission.

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Do you not have to get a music release from the owner when you have your films on myspace or youtube etc?

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Yes. You have to get a music release from the owner when you have your films on MySpace or YouTube.

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TV/Cable channels like IFC and Current TV require filmmakers to get music releases. Is this because it's national TV? Is there some laws/regulations out there that govern this?

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Copyright laws govern this. Copyright laws are essentially the right to copy a sond for any reason. If you don't own that right, you cannot use the song.

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If so, how can I get the rights to use original music from songwriters? If anyone knows about this please help me out.

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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 ?url? http://www.ascap.com?/url?. Songs that are not represented by ASCAP might be found at the National Music Publishers' Association "Songfile" website ?url? http://www.nmpa.org?/url?. 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. If you?re planning on producing a soundtrack album for your film you will need to negotiate additional soundtrack rights with the publisher and record label at the same time as your master use rights for your film. Don?t even think about waiting till you can scrounge up the funds.

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The aim of an argument or discussion should not be victory, but progress.
Joseph Joubert, essayist (1754-1824)

DISCLAIMER: I AM NOT A LAWYER AND HAVE NEVER BEEN SUED OVER MUSIC IN MY FILMS. THIS IS JUST INFORMATION I HAVE GLEANED FROM VARIOUS SOURCES AND USE TO STAY UN-SUED.

For every piece of music you use in a film you need two licenses: the synchronization license (obtained from the copyright holder for the lyrics/music; i.e. the publisher) and the master use license (obtained from the copyright holder of the specific recording you wish to use; i.e. the record label). Both of these contracts are required for each song in any film publicly displayed or distributed. They are also technically required for any film published on the internet, and should a music publisher or record label request that a film be removed from a site like Myspace or Youtube, the site administrator would have no choice but to comply (and depending on all the fine print in the user agreement, do any number of unpleasant things like terminate your account). Publishers and labels generally don't go after films on Myspace or Youtube (in fact, I can't think of any instance where they HAVE) because little internet videos don't hurt their bottom line and it's just not worth the legal costs.

It can be near impossible (or at least damned expensive) to obtain rights to a song (it can cost upwards of $100,000 just for the synchronization license), but you might get lucky if you stick to independent musicians who write their own music. That way you don't have to go through a larger record label (which can be less receptive to license requests) and you only need to go to one place to get both licenses. Try local artists. I've gotten a few songs this way.

Some film festivals will buy a one-time ASCAP/BMI license that covers them so they can display films which have not had music rights cleared, but that applies only to that specific showing. If you show a film in a theater or on TV (national OR local), especially if you make money and/or use the music as a selling point of the film, you (and the theater owners or TV station) could face serious litigation. Best to play it safe and stay away from copyrighted music unless you have the paperwork to make it legal.

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Andrew Gingerich
Exploding Goldfish Films
Check out my vodcast on iTunes: http://phobos.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?id=96931870
and my blog at http://www.exgfilms.com

Thanks for taking the time to help me out. ?:D?

The sleeper will be awakened.

Here's some info about music and videos used on MySpace and YouTube.

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Do you not have to get a music release from the owner when you have your films on myspace or youtube etc?

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Universal Music pressuring YouTube, MySpace...
?url? http://www.itpro.co.uk/news/93635/universal-music-pressuring-youtube-and-myspace.html?/url?

..."Universal, owned by French media group Vivendi, has been in
negotiations with both YouTube and MySpace to offer its artists'
music legally for a fee."...

Something to think about.

Dominique Preyer
Music Supervisor - Music Publisher
Play Any Key Music (ASCAP) - ( http://www.playanykey.com)
Durgon Style Music (BMI)
Spin Cycle Films - ( http://www.spincyclefilms.com)
Bramsar Records - ( http://www.bramsarrecords.com)
MySpace - http://www.myspace.com/themusicsupervisor

Very good explanations.I wanna know how it works when we use royalty free music in short films.should we take any care in where we buy and what kind of terms do these companies follow.

venkat

http://www.venkatrocks.com

With royalty free music, you have to read the terms and conditions with each company that you purchase this music from. You usually pay a one-time buyout fee when you purchase the music. This means you pay for the music and the rights to use the music.

Prices vary and can be expensive. Some royalty free music is just that Royalty Free all the way. You pay a one-time buyout fee when you make the purchase. After that you use it as you want forever. Some have the same one-time buyout fee, but you have give the proper credit in your film and you must submit a properly filled out cue sheet to ASCAP/BMI so they (the company or person you purchased the music from) can receive performance royalties. This is the same as you would do with any other music that you use when you get the proper license. Keep in mind that there may be other stipulations such as no sublicensing or relicensing the music. In other words, you can let your filmmaker friends use your music. You are buying it for your use and your use only. If someone else needs music, they need to make the same purchase.

Just get all the details before you purchase royalty free music. You don't want to find yourself needing a lawyer or find out that they've issued a cease-and-desist on your film and there goes your big festival opportunity. You'll also need your paperwork if you get distribution.

Dominique Preyer
Music Supervisor - Music Publisher
Play Any Key Music (ASCAP) - ( http://www.playanykey.com)
Durgon Style Music (BMI)
Spin Cycle Films - ( http://www.spincyclefilms.com)
Bramsar Records - ( http://www.bramsarrecords.com)
MySpace - http://www.myspace.com/themusicsupervisor

Dominique,

On this topic, do you know of any good places to purchase/license music properly for films, etc?? I've tried Creative Commons, but it's kinda confusing. I'm actually looking for music recorded by bands (etc) rather than having something composed.

Any help would be great!

Thanks
Nick

Maxout!

Nick,
If you're looking for existing music you can look at places like MySpace, SongRamp, SoundClick, our ?URL= http://www.playanykey.com/catalog.htm?Song Catalog?/URL? and other places where unsigned bands and songwriters post their music. You can search these sites until you find the song(s) that fits your needs. Contact the band or songwriter(s) and tell them about your film and how they will be compensated/credited. If your budget doesn't allow for any synch and master use licensing fees (upfront money), negotiate a deal that they will agree with and that you can honor.

If you want, I can send you a copy of an agreement that I use. I last used it for a song used in the short film, "JoFM". I found a song by The Cucumbers that the Director liked. An agreement was drawn up that covers how the song will be use, where it will be used and for how long. It also outlines a deferred payment if any money is made on the film and how the band's credit will appear on screen. A cue sheet will also need to be prepared and submitted to ASCAP or BMI depending on which one the band or songwriter is affiliated with. This will insure that if your film gets distribution, they will receive performance royalties (at no financial cost to you).

This legally covers both the filmmaker and the songwriter/band for the life of the film. The band cannot come after the filmmaker down the road for any infringements as they signed the agreement. This also will work if you get distribution and have to prove that all your music has been cleared.

You can also hire me as your music supervisor and I can do the leg work, find a song per your specific song needs, and do all the paperwork. I have access to a lot of songwriters and bands that I frequently send out song requests to. It helps when I'm asked to find a specific song.

Hope that helps.

Dominique Preyer
Music Supervisor - Music Publisher
Play Any Key Music (ASCAP) - ( http://www.playanykey.com)
Durgon Style Music (BMI)
Spin Cycle Films - ( http://www.spincyclefilms.com)
Bramsar Records - ( http://www.bramsarrecords.com)
MySpace - http://www.myspace.com/themusicsupervisor

Dominique,

Thanks for your help! I will look into all those sites. And if you can send me a copy of what your agreement looks like, that would be great too. Thanks very much.

As for hiring......maybe the next one. When the budget is bigger. ?:)?

Maxout!