Copyright violation...

L

LloydC

Veteran
... when you record your own cover of a well-known song ("Love will tear us apart") and use it in a film?

I'm thinking it is, but just want to make sure.
 
It's only a copyright violation if you don't get the rights to re-record it, which probably means paying some money to the songwriter/rights owner.

I'm not an expert, so I'd find somebody who deals with this kind of thing professionally.
 
In your case, because you only need the Sync rights (Rights to the music only), not the Master rights (Rights to use the original a specific recording of the song) it might be a LOT cheaper to obtain the rights and use your own cover. This is done all the time when a movie or show wants a specific song but can't afford the Master license. You might even be able to get it for free or close to it if it's for festival use.

Google music rights and there's a bunch of sites that show you how to license music. You never know, you might be able to get it.
 
A group of friends make a Christmas CD last year that was full of covers- I think they just worked out agreements online and paid. It was very cheap if I remember correctly (less than $200/song)
 
LloydC said:
... when you record your own cover of a well-known song ("Love will tear us apart") and use it in a film?

I'm thinking it is, but just want to make sure.
Click to expand...


If you use the original music and lyrics, then you need to negotiate with the copyright holder for rights, this is called 'The Music Publisher' if you do have a band available that can do a passable cover.

The Music Publisher, may or may not be the original artists. You will have to search out the publisher who does hold the rights, and obtain 'synch' rights, that is rights to combine the music with your visual film material in a 'timed way'...

In addition to just 'synch' rights there are usually requirements about 'when, where, how long', that you have the right to use the material. For example, today you think, gee, I'll just make a little short, put it up on a few festivals... and all is well... well, you are declared the next Spielberg, and your little short is broadcast to the world, included in the fest compilation, and distributed as a DVD everywhere in the world... oops you only bought the rights to show at festivals... oops you didn't buy the rights to get actual common lucre for your DVD efforts... etc...


These are just a few of the issues when using 'other people's material'...

Now, buy your band friends some Xrugs, Girls/Boys, cases of Beer, whatever... have them go into the studio for a couple of days, toss in pizza every so often, and probably one will have something that one could call at the very least industrial grunge post modern pink, and use that... and who knows, boost your friends in to the stardom, and higher priced Xrugs/Girls/Boys/Designer-Beer...
(and of course... make sure your band friends and their friends are all over the age of majority, lest you end up in jail for contributing to the delinquency of minors...)

Oh, yeah... if you do go the 'orginal music' from your band friends route, get releases which read in part... 'for the consideration of a few kegs of beer, We (band members individually) assign to <Film Maker> or the Film Maker's assignees, in perpetuity for all purposes, all rights of reproduction and use'... etc...

Now I didn't mention 'exclusive' rights... so yeah, your movie boosts your friends into stardom, and some Mega Music Production Studio wants them exclusively, well, then they have to give you money to give up your previously arranged rights...
 
a previous band of mine recorded an Elvis song and a Petula Clark song. the number of copies being made can also come into play.
 
wait song writers have rights? wow, next you're going to tell us we have to ask, and maybe even pay a script writer if we use there script.
 
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