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Clearing music for use in films

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 GLRD
(@glrd)
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How would i go about getting music cleared for use in a film? if i want to use a pre-existing track instead of an original score...

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Posted : 23/01/2005 3:40 pm
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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. 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.

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.

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

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

 
Posted : 23/01/2005 6:54 pm
 GLRD
(@glrd)
Posts: 7
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great! thanks for the info! Will these licenses cost me anything, or is the hassle considered payment enough?:)?? If they do carry a fee, how much $$?

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Posted : 23/01/2005 10:14 pm
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quote:


Originally posted by GLRD

great! thanks for the info! Will these licenses cost me anything, or is the hassle considered payment enough?:)?? If they do carry a fee, how much $$?


Yes. You will need to pay for use of music. How much depends on what licence you need and what the piese of music is. There is no "standard" or even "ball park" figure.

I can speculate - bit it won't do you much good. Find the copyright holder of the music you want and make that phone call.

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

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

 
Posted : 24/01/2005 12:46 am
 GLRD
(@glrd)
Posts: 7
Active Member
Topic starter
 

So is clearing music and aquiring licenses always required even if the film is not getting sold or distributed? Say if i were to mkae a video for a class project, would i still need to aquire the licenses if i have the only copy of it and do no distribute?

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Posted : 24/01/2005 3:17 am
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Posts: 278
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You might want to check out the FAQ (Legal Issues category) as there are a couple of answers which relate to your questions. See ?url?/faq/?/url?

Ben C.

--
filmmaking.net
(Incorporating the Internet Filmmaker's FAQ)

Please note the opinions expressed here are those of the author only and do not constitute legal advice. The author cannot accept and liability whatsoever for inaccurate or outdated information contained within.
--

--
Benjamin Craig
Editor-in-Chief, filmmaking.net

 
Posted : 25/01/2005 6:14 pm
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