The Wonderful World of Law

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Man_Of_Film

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Hello to Everyone,

I am an amateur filmmaker from Texas and I seem to be running into a problem with a current project of mine. I recently created a short promo for a local film festival and I wanted to use a song by FatboySlim.

I know this question has been asked a billion times but I must ask once more. Sadly the law is my weakest understanding when it comes to copyright music. I would love to use the song I have chosen for my piece but I do not know where to begin as far as obtaining the rights or what one can get away with legally without having to obtain rights. Example, I was under the impression that you could use some music from other artists as long as you make no profit from it and it is stated in a disclaimer in your piece. But again I am not clear and these are things I have just heard over time.

My question is:
Can someone lead me to perhaps a website or a book that can explain the laws of copyright and what methods are available in obtaining the rights. Kind of a do and don’t for copyright use in film.

Well thank you so much for taking the time to read this.
 
Man_Of_Film said:
Hello to Everyone,

I am an amateur filmmaker from Texas and I seem to be running into a problem with a current project of mine. I recently created a short promo for a local film festival and I wanted to use a song by FatboySlim.

I know this question has been asked a billion times but I must ask once more. Sadly the law is my weakest understanding when it comes to copyright music. I would love to use the song I have chosen for my piece but I do not know where to begin as far as obtaining the rights or what one can get away with legally without having to obtain rights. Example, I was under the impression that you could use some music from other artists as long as you make no profit from it and it is stated in a disclaimer in your piece. But again I am not clear and these are things I have just heard over time.

My question is:
Can someone lead me to perhaps a website or a book that can explain the laws of copyright and what methods are available in obtaining the rights. Kind of a do and don’t for copyright use in film.

Well thank you so much for taking the time to read this.
Click to expand...

Profit or not has nothing to do with it. The general rule is that if it is under copyright you must have clearance and license from the copyright owner(s) to use it. Period. Doesn't matter whether you make a profit or even if money is involved at all, how much of it you use, whether you credit it or not, anything. If you use it you have to license it. There are a few specific exemptions allowed under the provisions for "Fair Use" but they deal primarily with academic use for classroom instruction, reseach, and criticism.

Your particular use requires several licenses - the first is a sync license to use the music itself - the words and music - and you usually get that from the music publisher - a search of the ASCAP and BMI online directorys can usually tell you who that it and you contact the publisher directly for the license. The recording of the music has its own, separate, copyright and for that you need a Master Use license, generally from the record label that released the piece. All of this is fairly complicated - a wikipedia search is a good start for general information but you really need to consult with an intellectual prpoperty or entertainment lawyer for details about how the law would apply to you and how to go about clearing the licenses - it's difficult and risky to DIY.

Duke University law school has an interesting website on copyright
http://www.law.duke.edu/cspd/comics/
 
These links are great. Thanks.

One of the few things I know about copyright law is that it’s vague enough to give layers unlimited work for years. I’ve read some of the USA copyright act and it’s the most confusing pile of words I’ve ever seen.

Whether or not your movie is for profit really has nothing to do with it. If someone wants to sue you, they will, and there will be plenty of layers chomping at the bit to take the case. If someone tells you how to get around copyright law, or if they say “no one will care if you use it” DO NOT BELIEVE THEM!

When in doubt, get permission. Even if you’re not in doubt, get permission.

I hate copyright law…..
 
Hxd Ped said:
...
When in doubt, get permission. Even if you’re not in doubt, get permission.

I hate copyright law…..
Click to expand...

Of course it protects YOUR work from unauthorized use as well. Next time you're frustrated at getting permission to use a certain song, think how you'd feel if someone used one of your videos without payment or to support a cause that you personally loathe.
 
Man_Of_Film said:
I am an amateur filmmaker from Texas and I seem to be running into a problem with a current project of mine. I recently created a short promo for a local film festival and I wanted to use a song by FatboySlim.
Click to expand...

Don't be discouraged from actually contacting the publisher/copywright holder and inquiring about using the song. I was granted the rights to use the entire CD of Medicine Woman from Medwyn Goodall from New World music, free of charge, for the purposes of making a birthing center video for a medical center. It never hurts to make the contact and ask for permission and see what kind of response you get.
 
A clarification

A clarification

Steve House said:
Of course it protects YOUR work from unauthorized use as well. Next time you're frustrated at getting permission to use a certain song, think how you'd feel if someone used one of your videos without payment or to support a cause that you personally loathe.
Click to expand...


I misspoke when I said I hate copyright law.

I like how copyright protects people. Copyright law has prevented people from stealing my songs on two separate occasions.

What I hate is reading law. I just don’t have the head for interpreting legal-eze. I find it hard to understand and confusing.

So, I don’t hate copyright law, I hate how difficult it is for me to understand how it’s written.:violin::smile:
 
I paid about $350.00 from a very good entertainment lawyer for non disclosure and non compete and talent and actor contracts of all kinds and kids contracts. I also got the scoop on copyright law contracts for music and video and location contracts. He gave me everything I needed without having to go back to him for a new contract each time. If its a hard contract with lots of seperate items or dealing with a very large company or international company I always run it by him first and pay a fee to have his underling proof it and make changes if necessary. It has saved my bacon more than once.

I believe its better to get it from someone that is an expert in this field and as much as you can all at once. This was money well spent that I use on each contract that I produce. Its a pretty cheap price to protect yourself and it keeps on working time after time.

Good luck
 
The best thing you could do (in my opinion) is find local music and use that with permission.

a) It reinforces your local theme
b) You might make a good connection and I'm sure the local musician/band would be happy.
c) Saves the world from additional exposure to Fatboy Slim music.

It's a win/win situation!
 
Thank you

Thank you

Thank you everyone for taking the time to reply. I greatly appreciate the guidance. Thank you again.
 
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