Is this legal?

EDV

EDV

Well-known member
Hey guys,

I'm making a music video and my singer/songwriter recording artist has given me her CD to try pick a song with hit-potential. She has several songs she's written herself, but her best track is one that was written by someone else. Could using this song for a music video land us in legal trouble? Do we need to pay the songwriter? My guess is she already has legal clearance since the song is being used for commercial purposes (the CD). Also, I believe the song was written specifically for the Album, it's not a rehash from the 80s like many rap artists do today.

Thanks in advance,

EDV
 
"I will make it legal!"

Who knows, you better check and make sure the song clearances have been gotten. I always make sure of that kinda stuff just for safety. Also make the artist sign something saying they have the right to play the song for commercial purposes, for the music video, etc. You cannot get in legal trouble if they sign that document -- then you have proof you've done your due diligence, and could not have known reasonably speaking that the song wasn't theirs to use.
 
As with above, talk to her and make it her responsibility. If she has legal clearances she has them, if not she needs to get them. The answer is too specific to your situation and would probably be best answered by the musician in question.
 
She just needs to get clearance from the publisher. One of my previous bands did a cover of a Michael Jackson song, and it costs us almost nothing ($20 as I remember).

Just look on the album of the original for the publisher (ie: ASCAP), then go to their site and fill out the forms. The cost is cents per published copy, so if you're planning to distribute under 1000 copies the cost is negligable. Videos don't factor into the cost.
 
EDV said:
Hey guys,

I'm making a music video and my singer/songwriter recording artist has given me her CD to try pick a song with hit-potential. She has several songs she's written herself, but her best track is one that was written by someone else. Could using this song for a music video land us in legal trouble? Do we need to pay the songwriter? My guess is she already has legal clearance since the song is being used for commercial purposes (the CD). Also, I believe the song was written specifically for the Album, it's not a rehash from the 80s like many rap artists do today.

Thanks in advance,

EDV
Click to expand...

So much misinformation!

The rights to record the song on a CD do not include the rights to sync the song to images in a film or video unless the contract she has with the songwriter and music publisher says she does. So read the contract - if it doesn't explicitly say you have the rights, you don't.

You don't get clearance for a cover from ASCAP, you get them from Harry Fox Agency for most music. ASCAP isn't a music publisher, it is a performance rights management society and they are where you go from rights to broadcast, perform in concert, play in elevators, etc. In other words they deal with PLAYING the music, not recording it. And in any case, rights to record a cover don't have anything at all to do with rights to sync a song to images - they're two entirely different critters. The ASCAP website is handy as you can search their database online and find out who the composer(s) and publisher is for a particular song but for the license to sync to video you need to contact the publisher and negotiate with them directly.

And yes, you most likely would have to pay the songwriter/publisher again for the additional rights needed to make the video unless they were already paid for in the original license - after all, writing and licensing their work is how they make a living ... are YOU willing to work for free?

As for having the artist sign off that they have to right to make the video protecting you from legal action, not true. You are responsible for your actions. As the producer of the video you are expected to be fully informed on all aspects of the laws governing the production and take full responsibility for compliance, be it copyright laws, wage and labour laws, workmen's comp regulations, health and safety requirements, the whole magundy. If you do something in violation of the law, you're the one that's on the hook, and you're the one whose going to have to pay to defend yourself in court if the songwriter or publisher sues. You could have the artist sign a document that endemnifys you, guaranteeing she'll cover your costs in the event you are sued, but lot's o luck trying to collect on it.

As the one "making the music video" you're the producer and the bucks stops with you in every aspect of the production.
 
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