Licensing

[clarkage]

Ok, a few questions about music in this fest...

1) I have a song by "Snow Patrol" that I was thinking on throwing on the ending credits. Can I do this? Or do I have to buy their rights in order to play it in my film's credits? (I don't think I can afford those rights...)

2) I found these ambient noises on a site named "Soundsnap" where people host up there sounds that they have made and you can download them. I have emailed the guy that made the sound I am looking at and he hasn't responded yet. So, I am getting anxious. Do I even need his permission? I mean, he is the one that posted it on an internet site where you download the files...

Am I taking this to far or is it a big deal? I just don't want my film to be shot out of the fest because I have a song that I didn't get the license for in the credits.

Thanks for all the help guys!

[n8ture]

It's spelled out pretty simply in the rules:
No copyright violations, you *must* use licensed or royalty-free music.

[Matty_g]

You have a few months to get rights to things.
I doubt snow patrol will give you the rights but try finding a local band or scour myspace for a little smaller band who will be a little more willing to help out.

[Robbie Comeau]

I've PM'ed a couple bands on myspace before (fairly big bands to) and they said I could use their song for my films...Give it a shot!

[Noel Evans]

I've PM'ed a couple bands on myspace before (fairly big bands to) and they said I could use their song for my films...Give it a shot!

May I simply state also that when using licenced music under authority, without having it in writting its all but meaningless.

[clarkage]

Well, what about the ambient sounds from sound snap? Do i need permission for that too?

[thematthewbone]

unless it is a royalty-free site...which it may very well be...you are going to need the written consent of the owner of the copyright of the music. albeit the man who created the song or the record label that owns the song.


the same rule applies to sound effects or ambient music.

[adster]

About the sound effects from that particular site:
Soundsnap Licence

You are Free: - To remix or transform the sounds in any way
- To copy, distribute and transmit the sounds
- To use the sounds in any music, film, video game, website etc. whether commercial or not, without paying royalties or other fees

You Cannot:

- Make commercial distribution of these sounds 'as they are'. For example, you cannot download and sell them as part of a CD library.






So there you have it! The full license can be found here:
http://www.soundsnap.com/licence

[maestro1d]

Hey Clarkage, welcome to your first fest!

I have worked in the music business as a performer for many years, and now also have a production company that produces films, live shows and represents and helps manage different artists... among them film composers.

I see your question about licensing asked a lot. Yes it's true, a lot of people "sample" other's work illegally. Some bands don't care, others will sue over every infraction... Other's encourage their fans to bootleg and distribute their stuff (like Grateful Dead did- nother story).

If you are doing something promotional, like a demo reel that you will show some clients locally, then a minor infraction probably aint such a biggie- or if you are doing a temp score to give to your composer as an idea for the cuing sessions before he/she composes the score.

But if you are doing ANYTHING that you even think may be distributed, or will go commercial (includes YOUTUBE as you can make money this way now) then it's best to protect yourself and get the licensing stuff done, in writing, or hire a composer, in advance of your project. If you try and do it after the fact, securing licenses is always more costly, or can result in legal troubles. This includes if you are entering stuff in festivals.

Try and think of it this way... What if the situation is reversed. You work really hard on a five minute video short, and spend money time, sweat blood and tears in pre to post working on the thing. You post it online or in some fests for all the world to see.

Then, while you are shopping five years from now in some CD or DVD store, you see a music video playing on the monitors, where they use several 20 or 30 second "samples" of your video footage. They are getting paid by the store chain, or they are using it commercially to promote their latest platinum selling recording. No one ever contacted you... You have received no compenation, or any mention of it, or any credit for your work.

One of your first phone calls is going to be to a lawyer, right? You'd be right to be angry, of course.

Any way, hope the analogy helps. It's a good question, and it helps to ask these things first. I would recommend checking out some of Mark Litwak's contract books, and do some google searches on "music rights clearances."

Better safe than sorry with licensing. Good luck with the festival entry, look forward to seeing your work.

[clarkage]

Thanks maestro! That is a big help! (I'm sure it is for other people out there too) I actually got a hold of a few composers that are going to help us out. But I guess my question now, is do you need to make a from for them to literally sign? If so, is there a place where i can obtain one of these forms? Or is there a certain format for me that i would have to follow when making it? Would a signature by the original artist on a random napkin be fine?

Great post though =]

[maestro1d]

Hey Clarkage... Glad you found my post about music licensing helpful.

As for the cocktail napkin contract, you'll hear famous stories about these... some deals are quite literally started this way. Started being the key word, because actually what this is a DEAL MEMO, in which two parties discuss broad strokes of a deal, and the basic philosophy of what they want.

It's also considered a handshake deal... but the bottom line is, it is just an outline, that is almost always pored over and spelled out in contracts later on, either by one or both of the parties themselves or by attorneys.

Also, when it comes to contracts, I do a lot of my documents myself, and will some times look at an "industry standard" agreement first to see how pros would handle a complicated point or issue, like recoupables or world wide licensing.

Beyond that, I try and keep the language as simple as I can, preferably to one page if possible. I know that sometimes the folks that are signing are people I meet at the last minute during a shoot, and they are probably more concerned with their gear setup, etc. In other words, I try and put stuff on paper that protects myself and other parties, will hold up legally, but that can be read quickly and that real people can understand.

Most importantly, consider your main points of what you need, and what may happen down the road. If you want rights to the masters, say so. If you don't want members of your team posting your stuff without your say so before a release date, put it in writing. If you want half, all etc. the music publishing rights from your composer, you need to mention it. If you want to retain full ownership of the score, soundtrack etc, say so. If you are splitting any/all such rights with a composer, SFX team or whatever, spell out who gets what.

Also, some of these rights may be affected by state, national or international rules/treaties- this is why it really IS a good idea to have an entertainment lawyer look at your agreements before a possible commercial deal.

Remember, your "let's make it on a shoe-string, romp through the forest at night, with a pup tent and two friends" project, might not become anything, but it could also be the next BLAIR WITCH grossing hundreds of millions of dollars. Good luck negotiating anything after the fact, when the mega yacht owners are involved.

The best thing to do is make a basic list of what's important to you, and what you'd be willing to slide on or split, and to what extent. Then, draft a rough agreement of this, and if time and money permit, take it by (or fax it) to an entertainment attorney. If you can't find one, or need one, I'd recommend perusing the Hollywood Representation Directory (new 34th edition) at www.hcdonline.com (http://www.hcdonline.com). It's what I use, and has the name and number of of every player in the biz from agents to attorneys down the line. It's an incredible tool- pricey but worth it. The Hollywood Creative Directory, the other directory published by the same folks, is also invaluable for when you go and pitch stuff to the studios.

Of course, when you start hitting those big budget deals and your needs grow, feel free to contact me- For the right projects, we can access A-List celebrity musical talent, singers, actors, composers, animation studios, executive producers, etc.

[maestro1d]

Hey Clarkage, In case you are interested in those guides, I just found the page at amazon that has them cheaper, at around $40 bucks as opposed to $65 at the publisher website.

Here is the link:

http://www.amazon.com/gp/redirect.html?ie=UTF8&location=http%3A%2F%2Fwww.amazon.com%2Fs%3Furl%3Ds earch-alias%253Daps%26field-keywords%3Dhollywood%2Brepresentation%2Bdirectory% 26x%3D17%26y%3D22&tag=auctionclinic-20&linkCode=ur2&camp=1789&creative=9325

Full disclosure: Yes, that is my amazon affiliate link, but no we are not otherwise affiliated with the publishers.

I do use these guides, and thought other DVXers might like them. I didn't want anyone to spend an extra $25 bucks though, so I posted the amazon link. :smile:

[maestro1d]

Hey Clarkage... Also, should have mentioned this: for licensing, I definitely recommend the Hollywood Music Industry Directory, 5th Edition.

This has direct contacts for music publishers, song licensing people etc. I was in filmmaker mode as opposed to musician mode before, which is why I forgot to mention it. Here is the amazon link if interested:

http://www.amazon.com/gp/redirect.html?ie=UTF8&location=http%3A%2F%2Fwww.amazon.com%2Fgp%2Fproduc t%2F1928936628%2F&tag=auctionclinic-20&linkCode=ur2&camp=1789&creative=9325

Good luck with your licensing!

[viciousc]

Hello to evrerybody

I'm new here and also have a question:
If I am able to make music on my own, on keyboards and guitar, can I use that in my movie?
Even the music wasn't copyrighted officialy? i'ts verry complicated around here to do that...
(sorry for my english I'm from Eastern Europe...)

[Herman Witkam]

Sure you can! If you compose the music yourself, you are the owner.

Still, there must be some kind of performing rights organisation in Romania? You could find out which organisation exploits the rights of musical works in your country, become a member and register your works! (I haven't found anything yet on Google.)

[totitefilms]

I have a question about using a ringtone that comes from a song. Do I need license for this? The ringtone is only 1 sentence :-)