Using copyrighted music in your movie

Steve Shovlar

Steve Shovlar

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OK I am not talking using The Beatles, Stones, etc. Obviously the price of using such tracks would be astronomical.

I may have a scene to shoot early next year in a disco, and would like to use some track from 1977. Not even major chart hits. Tracks that were popular on the club scene at the time for a couple of weeks before fading into obscurity. You know, the stuff that rarely ever gets played except by fans of that particular genre.

Something like Voyage's East to West, El Coco "Cocomotion" (see, you hardly know the tracks!)

Would the price of using such tracks still be massive and not worth considering?
How do I go about finding out who to contact and get a price?

Thanks in advance for the answers.

PS something really niggles me about music copyright. I live in the UK and the daytime TV shows are made on a budget by the BBC ( you know the type, house buying at auction, DIY shows etc. And all the way through it they play about 5-10 records from the charts of the parts. Really well known artists. ( a woman is interviewed and she is a writer. (Suddenly "Paperback writer" from The Beatles plays over the interview and voiceover)

How can the BBC play such music throughout all their shows at what is probably a minimum charge ( these shows are pumped out) when we get stung for thousands for a indie movie that goes straight to DVD at best?

Cheers
Steve
 
BBC: since it's a "reality" TV show, they are probably claiming FAIR USE; and since it's the BBC they can obviously get away with it.

For a documentary film, this wouldn't work; and for a narrative piece DEFINITELY not.

As far as your first point; the somewhat obscure piece of music: well, it looks like you found one of the main problems already: "How do I go about finding out who to contact and get a price?"
THAT will most likely be your biggest problem, because as time goes by, it becomes more and more difficult to establish who has "authority" over it; record lables get sold; people die, and their estates often are difficult if not impossible to deal with.
By all means try though, it CAN happen with some leg work, but don't expect an easy ride, and of course there still might be a "NO" at the very end.

The consensus is to simply have someone make some music for you specifically for your purpose. It's simpler, and most often cheaper too...oh, and it helps someone "living"! :)
 
There is no "fair use" for reality shows. BBC probably pays a blanket fee like many large organizations that gives them limited use for an annual fee. And just because it's BBC does not mean they can get away with it. BMI and ASCAP are the first places to start looking, or hire a music rights person to get you the clearances. Odds are good that it wont cost a fortune but you never know. If this is not going to be a cut anyone knows anyway you might look at some of the buy out production music. It will probably be cheaper and Disco wasn't noted for it's great variety of style...
 
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