Hi Everyone,
I'm working on my first film. Some producers that I know have given me verbal permission to use some of their copyrighted music (not part of a sound recording released through a record label) in my project. Are their any good resources on the net to obtain a generic music contract(s) that would be the written authorization I would need? Also, if they give me the right to use the music in my film without $0 being paid, will they receive money when the film gets distributed? Someone told me that the distributors pay royalties to the music composers through the Performing Rights Associations when the film is distributed. Is this true?
Do I only need a Film Synchronization agreement in place? The composers will maintain copyright of the music. If I hired them as work-for-hire then I believe I need a Composer Agreement as well, right?
Thanks in advance
A.
I don't know about America, but in the UK I believe the composer is the only person who'll always make money if a movie is distributed: they have various arrangements with TV companies and the like that ensure they get paid, even if no-one else does.
How much they get paid during distribution should be covered in whatever contract that is signed when the distribution company pays for the rights to distribute. If you don't put something in there for them they are screwed and will get nothing and will fire up the torches looking for you.
Another thing to consider is verbal contracts suck. Get a written contract. Cover your butt.
RJSchwarz
San Diego, CA
RJSchwarz
Thanks for responding.
So, assuming that the Publisher/Songwriter retains 100% of the song whereas we sign a Music Sync License. We provide the distributor with the music cue sheet. The distributor can opt to not pay the respective performing rights associations that the publisher belongs to? I was under the impression that the distributor pays royalties to ASCAP/BMI for every copy of the film distributed as a mechanical royalty. But this needs to be spelled out in the distribution agreement or they won't get paid?
Thanks.
A.
When in doubt consult an Entertainment Lawyer to make sure nobody feels screwed when the day is done. Peace of mind is priceless.
RJSchwarz
San Diego, CA
RJSchwarz
