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Straighten me out here regarding music rights

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(@bosljeff)
Posts: 20
Eminent Member
Topic starter
 

Okay, I need straightened out. I have heard so many rumors and I want to pose the ? to those in the know.

I have been editing my two shorts to music knowing that I have handicapped myself because I would fall in love with the music I was editing to.

Then I heard a rumor that if you only used so many seconds of a song you didn't need rights, then I heard about something called "day rights" and so on.

I have 3 songs I would kill to be able to use in these shorts, 4 in an ideal world: 2 by NIN, one by Lifehouse, and another orchestral one from Matrix reloaded.

The short where I use part of a 'matrix reloaded' song is only 2 mins long and the other is a total of 6. So the total running time of each song is very, very minimal.

Do I only need permission if I charge $ to view them?

Ideas, links, suggestions...anything????

www.smallpotatofilms.com

http://www.smallpotatofilms.com/people_jeffbosley.html

 
Posted : 06/09/2005 2:24 am
(@certified-instigator)
Posts: 2951
Famed Member
 

If you are using a pre-recorded song or another pre-recorded piece of music in your film, 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. Don?t even think about waiting till you can scrounge up the funds.

Festival Rights Licensing, while frowned upon, because the goal is ultimately to sell your film ? hassle free ? for distribution is fine if you?re positively livin?-out-of-the-van el broko. You?ll pay later?one way or another. Bluntly speaking? No matter which route you take get the proper contracts for your film?s music and keep it ethical.

If you never plan to enter any festivals and never plan to show your movies outside of your circle of friends and family then don't worry about any of this. But as soon as you show your movies in public - paying or not - you have violated the use laws.

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

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

 
Posted : 06/09/2005 5:32 am
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