Question about using cover songs..

[John Scott]

I am working on a script where cover songs are absolutely crucial - all sung by the actors (or at least in most cases - none by original artists).

Can anyone help point me in the right direction about what should be done if I want to show it at festivals (and maybe retain some rights to the actual movie if it were to be picked up for distribution..)

 

[j1clark@ucsd.edu]

I am working on a film where cover songs are absolutely crucial - all sung by the actors (or at least in most cases).

Can anyone help point me in the right direction about what should be done if I want to show it at festivals (and maybe retain some rights to the actual movie if it were to be picked up for distribution..)

You have to get clearences for any copyrighted material you use. A 'cover' means you have to get the songwriter/composer permission, unless they have asigned their rights.

It is unfortunate that you painted yourself into a corner with 'crucial songs'. This doesn't give you much leaway.

If the actors are singing from printed music, then the publisher would be were to start on getting rights. If it is a CD, where you have adapted and done your own arrangement, again CD producer is a start, but for such you probably want to head upstream to songwriter/composer. If it is some rock band, perhaps their agent/manager is the entity to contact.

As a note, you need to get releases from your talent for their performances as well...

I don't know what fests use for documentation, some may require a packet of documents, others may not, but definitely if a distributor is interested they will want clearences...

 

[unclebob6958]

You would need mechanical rights from the owner of the composition.

You would need performance rights from the owner of the recordings of the material.

That's raw basics. There is a LOT more involved and 20,000 shades of gray.

Here's a good place to start for information:

http://www.harryfox.com/public/FAQ.jsp


Now, call an entertainment attorney. Only s/he can truly lead you through the minefield.

 

[j1clark@ucsd.edu]

You would need mechanical rights from the owner of the composition.

You would need performance rights from the owner of the recordings of the material.

That's raw basics. There is a LOT more involved and 20,000 shades of gray.

Here's a good place to start for information:

http://www.harryfox.com/public/FAQ.jsp


Now, call an entertainment attorney. Only s/he can truly lead you through the minefield.

I thought 'mechanical' rights were just for reproducing the recorded sound, and synchronization rights to have the sound at the same time as the film visuals. Mechanical rights may come in on the DVD distribution side.

The licenses I've gotten were for 'synchronization', and from music providers who do have a 'fest' type licensing schedule. Further most have the ability to 'extend' when appropriate to cover larger distribution.

Needless to say, these are not in-your-face-pop-rock songs...

As a note the musician "Moby" has some amount of his works offered for licensing... under various restictions, but here's the URL:

http://www.mobygratis.com/film-music.html

I've not used any of the music there... yet...

 

[Steve House]

I am working on a script where cover songs are absolutely crucial - all sung by the actors (or at least in most cases - none by original artists).

Can anyone help point me in the right direction about what should be done if I want to show it at festivals (and maybe retain some rights to the actual movie if it were to be picked up for distribution..)

There's a lot of confusion and mis-information around. Sorry unclebob, but you're wrong about needing a mechanical. Mechanical licenses are needed to release a recording as a phonorecording, in other words, specifically as an audio-only release. You would need one to record a cover on a CD your band was going to release but unless you're planning on also releasing a soundtrack CD it has little to do with using the music in a film or video. Nor does one need a master use license from a record label unless you are actually using their actual recording - since John said he was going to record his own actors and musicians performances that doesn't apply to him. Also performance licensing is something the exhibitors and broadcasters of the film have to take care of and beyond registering a cue sheet listing in detail all the music used, it isn't much of a concern of the filmmaker (unless he becomes an exhibitor and performs it in public himself, of course).

As j1clark said, what you need is a synchronization license from the owners of the copyright on the words and music, generally the music publisher. You get this by direct negotiation with them for each piece you wish to use - there is no standard license fee and they are under no compulsion to even grant you a license at all. A good starting point to track down who to contact is the online database on the ASCAP website or the National Music Publisher's website www.nmpa.org. See http://www.ascap.com/filmtv/faq.html (There's also a very informative article there on licensing from the composer and artist's perspective "Music, Money, Success & the Movies" that's well worth a read.)

I'd strongly suggest you arrange all the required licensing very early in your development cycle, while you can more easily do a re-write if the owner of a particular piece balks at giving you a license. You'd hate to have the whole film completed and ready to release and discover you have to trash it because a pivotable piece of music crucial to the script turns out not to be available - it happens. And this might be a case where engaging a professional rights clearance agency to do the legwork for you might not be a bad idea.