music and glue

M

Mino

Northern Dreamer
[FONT=&quot]This is why I believe the music industry is on glue. Lets say I want to produce an independent film based on an idea I think has a chance at flight. It’s just an idea, no guarantees, I just think it will go. The film I want to make is set in the seventies and requires a whole bunch of hits from that era to fulfill what I believe to be an essential part of the score. The music industry is going to ask me to pay up front, thousands of dollars to include these old tracks in my film. I don’t have the kind of money they’re asking, so I ditch the project. In my scenario, I would be able to use this music and pay fees according to how much money the film generated. If it made zilch, then my payout would reflect that. If on the other hand it made a tidy return, the music industry would stand to gain proportionately according to a previously determined contract that determined how much would be paid out in royalties in the event of a runaway success. It seems to me that the current method of doing business ensures that no one wins except the music industry. If I can’t pay the license fees up front, I don’t make the film, no win situation. If on the other hand I got the green light to use the music (which is being heard a million times a day on am/fm radio for free all across north America)There is a potential (small I realize) that the film will hit a nerve and generate all kinds of cash, payouts are made and everyone wins. What is wrong with this idea? Does this scenario exist and I’m unaware[/FONT]
 
Here's what some people do.

They use the songs anyway. When they get festival acceptace the pay for "festival rights" which are much cheaper. If your film gets picked up by a distributer they are likly to pick up the final cost.

But even large films and television shows are limited in this regard. It can be expensive to use songs. Espesially really famous ones.

And BTW, they are paid for radio play. That's not free either.

-rook
 
Rook is right. A lot of indie movies are made with music that has not been paid for. Then, when it's picked up, the fees are paid. Sometimes they can't get the rights to a song or can't afford it so they must change the music a little. I remember hearing many stories about directors making their indie film with a particular song in mind. Then, after the movie got sold, they could afford to buy the song they wanted. Just make the film, worry about the music later.

With that said, it's good to see Mino posting again.
 
Filmjunkie, I understand it's copyright law and yes it's unfortunat, but perhaps what I'm suggesting is that no representative of the independant film community has sat down with the music powers and hashed out a way of doing business along the lines I'm suggesting....I'm not so sure "theres no way around it"?

Rook, I realize the music that plays on the radio is paid for by the station, I meant that my hearing it is free. I always asumed that if I enterded a festival, the music I used would have to be legally licenced for use because if my entry didn't get "picked up" then I'd be in big trouble with the music people for using their material without having paid the fee.
 
mino, there are "festival rights" that can be purchased that allow you to use the music legally for the festival. They cost but not as much. Make a personal contact with the publisher of the song and start smooth talking.

As a side note, I've been to many festivals where the music was not paid for by the artists. The just used it. the risk involved depends on the festival and the song.

Another way around huge fees is using cover versions of songs.

just a thought. Good luck.

-rook

(oh, and didn't mean to insult you with the radio comment in my first post. :) )
 
Just a thought but... I don't believe there is a set sync rights fee for all songs. What you might try to do is contact the publisher of the song you want to clear and see what kind of deal they will make with you. Another option would be to have band record it (they would have to license the song which you would pay for) and use that in the movie rather than the original music. Disclaimer... I am not a lawyer so you might want to run it past a copyright/entertainment lawyer but I think it would fly.

EDIT==Opps just noticed that rook mentioned the cover.
 
Funny, I asked about cover tunes on this board a while back and was told that it basically amounted to the same deal as using the original work as I recall.

Thanks for the festival rights tip, I was unaware. And Rook, no problem, I wasn't the least insulted, I just realized for some reason we weren't on the same page with the radio thing:)

I'll have to talk to a legal pro beagle re- the cover gig.
 
mino [good to see ya!] is on the right track... Used to be a big problem for actors/filmmakers that wanted to do low budget. SAG had to come up with special contracts to allow the actor to participate in independent films. They were losing members and actors were losing roles because the filmmaker could not afford to pay up. Should be the same for tunes. Pro rate it. If Lucas wants to use "Fever boogie" charge him a ton. If mino wants to use it, have a low budget agreement. Like he said... What harm is done if the movie tanks and a hundred people see it...

If it soars, so do royalties for the music.
 
Have you noticed that a lot of commercials now use cover tunes instead of the original artists? That's because they can pay a lower (or no) royalty to the cover band. Still have to pay the publisher fees, but that's usually lower, too.
 
Filmjunkie677 said:
I hear ya man.... Unfortunately that's the copyright law and there's no way around it.
Click to expand...

Actually, whoever holds the copyright can do whatever they want. No reason Mino's scenario couldn't come to pass if all parties agreed to it.
 
What about composing a soundtrack specifically for the movie in the "70s vibe"? I doubt it's too hard to find a band or a small studio with 70s-style instruments.
 
Dmitry Kichenko said:
What about composing a soundtrack specifically for the movie in the "70s vibe"? I doubt it's too hard to find a band or a small studio with 70s-style instruments.
Click to expand...
yep, One could use funky acid loops too, but my point is that I am not a major studio with vast amounts of cah to fork over to the music beast on spec. I'm just saying perhaps there could be a deal that would allow me to use any genre of copyright music and pay out proportionate to my earnings for MY artwork. It's more a hypothetical question at this point, I can't even finish my sci-fi entry on time let alone make a seventies feature. Your points are appreciated anyhow:thumbsup:
 
You must log in or register to reply here.
Back
Top