For the last time: MUSIC

Chamber005

Chamber005

Carbonite Member
So I know this has been talked about before, but I'm still wholly confused. I've tried researching and reading various websites and books on film production in regards to music rights, and I still don't have a clear perspective on it.

While I'm going to be using mostly independent (unsigned) artists in a non-profit web production I'm doing, there is one song that I think is vital to the overall message of the piece -- or, I just really want it to be included.

Today I sent an email to the band's label as a starting point. I don't believe that there's any possible way to contact the band (who also wrote the music) and get an answer in return. I tried going through ASCAP once before on a different song for a different production and after filling out all the papers they wanted me to fill out I got no response and so abandoned the song altogether.

Has anyone here actually ever gotten a popular song into one of their productions? If so, how exactly did you go about doing it? So far I've read things and heard things that are SUPPOSED to work but don't actually seem to happen in practice.

Anyone?

The only other option is to get a license from ASCAP that allows me to play streaming music on my website. This would work for the production -- HOWEVER, if you've ever read between the lines on those licensing agreements it looks to me like you can end up owing quite a bit of cash. Since ASCAP is so behind the times in web-based media, even if you have a SINGLE popular song playing, via your license agreement they can charge you the same way they'd charge a streaming radio station (e.g. X-user was at the site for two hours, X 20 cents, etc). I think it's bizarre and ridiculous, but then I'm sure ASCAP is run by people who are relatively out of touch with intramedia and new forms of entertainment and so create these blanket licenses that screw over the people who aren't trying to directly profit from streaming music (like radio stations).

Ack. Anyway -- any help is appreciated.
 
It's a tough thing. ASCAP and BMI are around to collect license fees for songwriters, composers, publishers, etc. and pay them out as royalties when the works are used.

Here's the tricky part, I know you say you want to use it for a non-profit web production, but most of the time even a non-profit is looking for donations, etc. So, in a way, the song is being used to help generate income (take a step back...I did say it was tricky). An artist is due a fee for their contribution to the production.

First you have to find out who holds the publishing rights. This can be found on either the ASCAP or BMI site. From there you can contact the publisher and request the rights. Most record labels have a special department for this. Here's an example from EMI Records: http://www.emimusicpub.com/worldwide/licensing/for_other.html (check the licensing solutions tab). Try to get directly in touch with the artist or management if all else fails.

Not ALL song are available for licensing...it's up to the publishers and artists.

I feel your pain and have failed in getting rights in the past, but, as a published artist, I truely enjoy getting my royalty checks knowing ASCAP is looking out for me!
 
I've done work with artists ranging from Madonna to Ozzy. I am not BMI or ASCAP liscensed.
The lable is who ya go through. You'll find more often than not, just going through their manager and letting them handle makes it very easy on your end.
 
The solution; a good Entertainment Attorney and money. I don't use music unless I can get a music lics. agreement signed (deal with the unsigned band or a composer himself) Otherwise you build the edit around the music and get your dream BASHED!
good luck
 
grinner said:
I've done work with artists ranging from Madonna to Ozzy. I am not BMI or ASCAP liscensed.
The lable is who ya go through. You'll find more often than not, just going through their manager and letting them handle makes it very easy on your end.
Click to expand...


Yeah, like I said I've begun pleading my case to the label. We'll see how far I can get...

Also, I'm still talking with ASCAP to figure out if there's any possible licensing for someone who doesn't want to stream music but only wants to have specific songs on their website. Does that person still have to pay for X amount of visitors, or can we get away with just paying the licensing fee? It's all tricky because there's no clear cut definition to the type of media we're producing -- ASCAP certainly hasn't defined it in their types of licensing. So, we'll see...
 
I say get in touch with the artist's manager. They'll happily handle this stuff for you, if interested n the project. If they like it enough, no money even has to change hands. I made a pilot episode of a show I created once and I used Styx as the subject to kick it off. They liked the idea and donated their time and all rights to the music I used in it. Itw as just a matter of sitting down with em.
http://grinnerhester.com/styx.html
 
grinner said:
I say get in touch with the artist's manager. They'll happily handle this stuff for you, if interested n the project. If they like it enough, no money even has to change hands. I made a pilot episode of a show I created once and I used Styx as the subject to kick it off. They liked the idea and donated their time and all rights to the music I used in it. Itw as just a matter of sitting down with em.
http://grinnerhester.com/styx.html
Click to expand...

That's super encouraging. Thanks!
 
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