Not sure to talk to about this, but anybody know anything about audio licensing?

B

Budgieboots

Well-known member
Hi guys

Im not quite sure who to talk to about this, but you all seem really experienced so I thought I'd try you!

Anyway, I'm videotaping a band and they will be playing a covers of "Symapthy for the Devil". If I wanted to include the video clip of them performing this song on a DVD release, what legal measure would I have to take, where would I go to get it and who do I contact?

Thanks for your time and its greatly appreciated!
 
Start with BMI and ASCAP. You can search online to see what publishing company owns the rights to the song. Next, contact them and inquire.

If you were using the official recording of the song in a video, you'd need to get sync rights, which are very expensive (in the thousands). If this were an audio only cover version release, you'd have to pay mechanical royalties (about 9 cents per copy per song, not bad). However, since it's a video of a cover version, it's uncharted waters for me. Call them up, most of the people I have talked to at publishing companies are nice and used to fielding these type of questions.
 
Hmm do those websites apply to Canada?

When I try and do anything related to signing up they want my "state" :(

Guess I have to find the Canadian equivalent.
 
sync rights don't always cost thousands. in fact, the only thing set in stone is the statutory royaly rate set by the gov. that is the money you will have to pay to ascap, bmi, or sesac. try and contact the artist or their mgmt. or the label. they may dig the project and tell you to use it for free. i have a buddy that got a beach boys tune for free because he caught brian wilson in a good mood. of course, if you're working on spiderman 3 or something, yes you will pay. but if it's a short or and indie thing, you never know.
 
licensing

licensing

ASCAP, BMI and SESAC are NOT the place to start with this - except possibly to search their database to determine who owns the publishing rights. They are ONLY involved if your work is broadcast.

You have to get a sync license first (which allows you to syncronise pictures with the audio.) That sync license can only be granted by the publisher or their representative. It can be anywhere from "gratis" (free) to gazillions of dollars - completely at the discretion of the publisher.

So, once you've got permission to do the edit, then assuming you want to sell or otherwise distribute your work, you have to negotiate a "mechanical license" to allow you to make copies. Though mechanicals for cds etc (audio only) are set in stone by law, there is no statutory rate when it comes to dvds - if someone tells you otherwise they are dead wrong.

A final note - the Stones' publishers are well known for being hard asses in negotiations for rights. Good luck.
 
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