Music Video Question (Legalities etc)

[Kevin Briggs]

I would have posted this in the Business section, but I figure I'll get more responses from here.

I will be shooting a music video for a band in the end of February. The band has a label and a pretty big fan base, so initially I was thinking I would shoot and edit this thing for free to get my foot in the door and be able to use the video to sell my services as a music video director to other labels.

Here is the problem. Because of my nature I do not do things half @ssed. I have been planning this thing for a couple months now. I've written a treatment, gone and scouted locations, started getting wardrobe for my actors. Basically by the time it is done I will have a about $2k invested in raising the production value and a huge amount of time in pre and post work.

So, this is what I purpose to do. The label and band have nothing at stake here. I am taking all the risks based on my belief that the end product will be good enough to get more work. I would like to at least break even if the video is a success. If the label likes the music video and plans to use it to promote the band I would like the label to pay off my costs @ $2k.

Is this fair? Since the band is already signed what limitations do I have regarding copyrighting this video. Should I even try to copyright it? I assume the label basically owns the name and images of the band. Do I have to deal with the label directly if $money$ is involved? How would you go about proposing this idea to the band/label?

The label is a small one, but they did spend $2500 on this piece of mediocrity...

http://amberpacific.com/media.php

..and if they don't like the music video I make for them they have risked nothing. One last question.. If they decide to pay my cost(2k) is their some way I can create a contract of sorts with the label that says I can use the footage I shot in my reel? Should I just do it for free like I said I would originally and just blow their socks off?

Thanks
-Kevin

 

[Kevin Briggs]

Are you saying that I need a contract with the label even if I decide to shoot the video for free, but require use of the footage for my reel? Has anyone reading this dealt with a label before?

 

[uhrgl]

..and if they don't like the music video I make for them they have risked nothing. One last question.. If they decide to pay my cost(2k) is their some way I can create a contract of sorts with the label that says I can use the footage I shot in my reel? Should I just do it for free like I said I would originally and just blow their socks off?

If you haven't talked to the label, you don't have an agreement to shoot a video. And if you already offered to do it for free, you're kind of pissing in their cheerios to ask for money now. Plus, you're going to need to bring in some lawyers to sort out a contractual obligation like "label pays if sock are blown off."

If you really want them to pay for it, you need to show them a budget and samples of your work.

 

[Kevin Briggs]

Thanks guys, Looks like I'll be doing it for free after all. I havn't dealt with the label at all, should I start? I have just been in contact with the band members. I got the referal from a friend.

 

[Slimothy]

Kevin, One thing to remember is that Hopeless Records, although an indie label is by no means very small. They have signed many bands that have sold lots of records (Thrice, Avenge Sevenfold, The Queers etc). They should be paying-and paying pretty well to get quality music videos done. Hopeless signs lots of really crappy bands just like the one you'll be doing the video for just because they think they can make a buck off of all the dumb teenyboppers that listen to crap like that. Either way, you should get in touch w/ the label and get a contract written up.

 

[John C Lyons]

Yeah I am actually really surprised to hear the band didn't work through their label on this. Most bands know once they are signed they live and die by their suits. They could really piss them off for this.

I say you should be doing a contract for this job through the label and there should be absolutely no problem at all with you using the work in your portfolio, make sure it's in your contract with the label/band.