Cannes festival music clearance or rights needed for feature film? Cue sheets?

Clint Nitkiewiz Hernandez

Clint Nitkiewiz Hernandez

Well-known member
I know feature films need clearance for music for distribution, cue sheets, etc, but

What about when entering a feature film into film festivals, and Cannes to be particular? Who will ask for licenses or cue sheets in a festival, the coordinators? Or will they even care?

Can I use any music I wish, and what is the likelyhood that I will even get caught, I know directors that use stock footage without licenses when they need to, and they say well if they get caught they just have to pay the license fee, its not like they'll go to jail, they just get asked to remove it from their shot or pay the fee.

Any input would be appreciated, thank you.
 
Clint Nitkiewiz Hernandez said:
I know feature films need clearance for music for distribution, cue sheets, etc, but

What about when entering a feature film into film festivals, and Cannes to be particular? Who will ask for licenses or cue sheets in a festival, the coordinators? Or will they even care?

Can I use any music I wish, and what is the likelyhood that I will even get caught, I know directors that use stock footage without licenses when they need to, and they say well if they get caught they just have to pay the license fee, its not like they'll go to jail, they just get asked to remove it from their shot or pay the fee.

Any input would be appreciated, thank you.
Click to expand...

Damn right they're going to care. Do you seriously think that a group of people whose incomes are based on vigorously defending their own intellectual property rights against infringments, whose livelyhood is based on being paid for the performances of their work, are going to look the other way when you show up with work that clearly violates someone's IP rights, possibly even some of their own? Dream on! and if you believe they won't care have I got a deal on some Florida swampland for you! <grin> Most reputable festivals will reject your submission hands down unless you can provide written proof you have properly licensed all the music in your film or own the copyright to it yourself as your own creation. Festivals like Cannes or Sundance that are at the core of the industry, one could reasonably expect to be particularly hard-a**ed about it. I would expect that the probability you would get caught in a venue like that lies close to 100%. There's a good chance that your film wouldn't be finished its first screening before someone is handing you a subpoena, assuming it got to the screen in the first place.
 
What are some price ranges?

What are some price ranges?

Thanks for the clarification, I was not sure since this is my first film ever so I was not sure about that good thing I asked.

Is is hard and expensive to get clearance for a song? What are some price ranges for different types of music, any examples?

Say
Mia Paper Planes - $10, 000
Oldies unknown song - $20.00
Indie group looking to get exposure - Free

What are some price ranges?
 
i don't know what steve is talking about, or if he can point out a festival that asks for proof. but the REALITY on the festival circuit is that few if any festivals ask for confirmation that you have secured rights to the music you are using (festival rights, or otherwise). they only ask that you state that you do.

that being said, I would not make a film that locked me into a soundtrack I could not distribute the film with. what's the point of that?
 
Clint Nitkiewiz Hernandez said:
Thanks for the clarification, I was not sure since this is my first film ever so I was not sure about that good thing I asked.

Is is hard and expensive to get clearance for a song? What are some price ranges for different types of music, any examples?

Say
Mia Paper Planes - $10, 000
Oldies unknown song - $20.00
Indie group looking to get exposure - Free

What are some price ranges?
Click to expand...

it would be closer to...

Mia Paper Planes - $75,000 - $100,000
Oldies unknown song - $10,000 - $25,000
 
Crap!!!! Thats a lot of money! I thought I was overexagerating with my high number, geez.

"they only ask that you state that you do."

What do you mean, like you have to put the song names in your end credits, or they will ask you in the application and you put yes? I mean, I want to put a song in I like if I cant contact the artist in time then I dont want to use another song, but I guess I could make another song similar with my composer.

"that being said, I would not make a film that locked me into a soundtrack I could not distribute the film with. what's the point of that?"
True, but can always write a song with a composer for cheaper, one that gives off the same feeling right?

So should I submit it to the festivals without the permissison, and if I get distribution, they will pay for the clearance if they really want the song?
 
Look at it this way…

You're a screenwriter (it says so in your signature). I'll take the idea, theme and even scenes and dialog from your film and use it as the basis for my own. I'll only get in trouble if you find out about it, so where's the harm?

If you use a song without securing written authorization to do so, you're open for all kinds of legal trouble.

No festival I've ever heard of will pay to get clearance for music YOU use without rights.

Your best options are:
1) Find a musician/composer/band who will let you use their existing songs for either money or credit in the film.
2) Pay to use library/stock/needle-drop music
3) Become a musician


Oh, and as someone who's been to Cannes, I can assure you you'll get crucified for submitting a film with music you have no rights to use.

--SM
 
Licensing music is expensive but the funny thing is that people often forget, no matter how big your checkbook, throwing a lot of money at an artist or copyright holder doesn't mean squat to many of them. They may not agree with the poitics of your film or you or there may be multiple copyright holders, some of which have disagreements/vendettas with other band members/producers, etc. and don't want to let anything happen that would pay the other party.

Just because you want to license doesn't mean you will license a track.

I have done a lot of music and media licensing and throwing a lot of money at the problem will still not always solve it. Basically, you as a music licensee are getting hosed on licensing any music other than library music, you are having to pay for all of the music piracy that as basically sunk the music industry. IMHO, the, licensing fees for music and especially still images are outrageously overpriced. Everyone thinks that because they have the copyright to a popular piece of music or an image, that anyone and everyone should pay them exorbinant amounts of money, when in reality, how many projects increase their profit significantly by the inclusion of a single song or image? Not many. Hence we have composers, stock music libraries and stock image libraries.

So this is your first film and you are going to Cannes? I am either really impressed or really skeptical. My first film was at the Oscars last night, but they forgot to show the clip. Darn!

Dan
 
stephenmick said:
Look at it this way…


Oh, and as someone who's been to Cannes, I can assure you you'll get crucified for submitting a film with music you have no rights to use.

--SM
Click to expand...

sure, but that's not the same as the festival asking for copies of the licensing contracts. that doesn't happen. and either way, if you do use music that you clearly couldn't afford, you'll look like a fool.
 
Agreed, Zak. What I meant to say was that the issues are magnified at a festival like Cannes, simply because there are so many media-types covering the event and so many people watching the films. When your film screens at the Del Rio Film Festival in front of 10 people, you don't really have a lot to worry about. When your film might be seen by the entertainment reporter for CNN, it's a big problem.

Either way, it's best to stay away from situtations like this. There are so many talented musicians out there, with a little time and effort a good filmmaker should be able to find appropriate music that doesn't break the bank.

And I've made it a point to always pay musicians for their music, even if they would do it for the experience/exposure.

--SM
 
yeah, I'll never understand the inclination of so many aspiring filmmakers to pepper their soundtracks with radiohead and sigur ros. what purpose does that serve?
 
I personally hate canned music as well, but sometimes it is necessary for a scene. Sometimes you hate a character or other aspect of your film, but if its what the scene calls for.
 
Like anything else, there are degrees of "canned" when it comes to library music. Sure, if you've got literally no budget, your options suck. But there are libraries out there (Extreme, in particular) that have acres of styles of music, and almost all of it is really good quality stuff. It costs more, but it's worth it.
 
Library music doesn't have to sound 'canned' or cheesy - that went out with poodle skirts. Libraries such as Magnatunes and others have suprisingly good music at reasonable licensing rates. For a classical score, Dewolfe has an extensive library of tracks by the London Philharmonic, not exactly a middle school garage band from down the street, available for licensing. IMHO, there's just never an acceptable excuse for a professional or an aspiring one to try to get away with stealing another creative's work - and unlicensed use of music is just that, stealing from your brother and sister creatives in the media-arts professions. If you can't figure out how to afford to pay the fare, you need to catch another career train.
 
Keep in mind there are lots of composers out there willing to write you a good score for free, or pretty cheap. And this isn't just orchestral stuff. Of course +1 for indie bands and artists. There are people out there who can replicate the kind of sound you want, but for cheap.

Because a lot of filmmakers are using library music, if they do decide to use a composer, they have no idea how to work with them. Director/composer relationships can be great.

I have nothing against library music if it works, and you need a score quick - there are definitely some good ones out there....but I don't know how many times I've seen a short low budget film where you can tell the music was just ripped from a library. If more filmmakers realized just HOW important music is to a film, I think they would spend more time in this area. Unfortunately it gets left to last way too many times.
 
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