Should I pay my actress or should she pay me?

EDV

EDV

Well-known member
Hey guys,

I'm thinking of having an actress lip sync to an old song and make it look like a music video. The original song is not that old but a music video was never made of the song. The clip will only be featured as a demo on my website.
Not sure what the legal implications are here, because the original artist is now dead.
Legalities aside... will the actress expect to be paid? I was thinking I could give her a copy of the demo clip for her to have on her website instead (she has one clip of her dancing, very prominently featured on her webpage) She has some TV experience as an actress but is mostly a model now, and is still looking for "her big break".
 
Rights to a property don't expire with the death of the creator. The creator's estate will still have these rights unless sold, so you're going to owe somebody for the use of the song. Assuming she gets clearance, the performer is now going to have rights for use of her performance of the song and you're going to need clearance from her to have in your reel - or any other use you make of it.

Assuming you can find and make peace with the song's copyright holder, you're still gonna want a contract. This is true even if your performer uses original work - the rights to the performance are hers - including any video and/or audio recording of it. This is why we have actors/performers sign releases.

Now, with all the paperwork in place - who pays who is totally between the two of you.
Good luck - sounds like a fun project!
 
wHOOPS - Just registered on the words lip sync. Now you're not only going to need release from the song's writer/creator or current copyright holder, you'll also need one from the artist who originally performed the vocal you're going to lip sync. It's 2 separate releases - even if the same person granting both.

Hey, if it was easy everybody'd be doing it.
 
Any music track has TWO distinct components that need to be licensed in order to use it in its entirety - the written music (licensed from the publisher) and - the music recording (licensed from the record label).

.
 
EDV said:
Hey guys,

I'm thinking of having an actress lip sync to an old song and make it look like a music video. The original song is not that old but a music video was never made of the song. The clip will only be featured as a demo on my website.
Not sure what the legal implications are here, because the original artist is now dead.
Legalities aside... will the actress expect to be paid? I was thinking I could give her a copy of the demo clip for her to have on her website instead (she has one clip of her dancing, very prominently featured on her webpage) She has some TV experience as an actress but is mostly a model now, and is still looking for "her big break".
Click to expand...

You said this was older music ... I know you mean "old" as in maybe 2 years ago but just FYI, the copyright has expired on any music that was published before 1923 and it's now in the public domain. But there are at least 2 copyrights involved when you're dealing with a recording ... the copyright on the words and music and the copyright on the specific recording of it. Because of different laws for phonorecordings, the 1923 date applies to the words and music but NOT to any recordings. Essentially every recording that has ever been made regardless of age is still under copyright.

As Chris said, you have two copyright licenses you HAVE to get, even for "just a demo." The first is a synchronization license for the words and music to allow them to be used in a video. You get this from the copyright owner, usually the publisher (who acts on behalf of the composer and lyricist). That lets you make your own recording and put it in your soundtrack. But if you want to use an existing recording, for that you also need to get a Master Use license from the record label that released it or the party they sold the copyright to if they didn't keep it.

Why in the world would the actress pay you? You're the employer, she's working for you, you should be paying her. Now she might be amenable to working out a trade arrangment where she will perform for you and in turn you give her permission to use the video in her reel/portfolio, nothing wrong with that. But for her to pay you for the privelege of appearing in your video is absurd. If she's union, SAG or ACTRA, very likely you'd HAVE to pay her or risk running afoul of the union regulations.
 
Well no offense but this is NOT her big break and in no way should be considered or advertised as. She should definitely not pay you but she might not have to be paid if she truly believes she will get something out of this.
 
Steve

Steve

Steve, are you kidding man? You're missing out on the big money my friend!

This is how I make a living. I put together a production as a producer, the only person who doesn't pay is generally the screenwriter, so I get their script for free, let's say for a short film, they get credit. Then I make everyone who works on the project pay. The more you work, the harder you work, the more you pay, basically. You want to be the DP? Great, that costs $300/day. You want to be a grip? That only costs $100/day. You want to be lead actor? That's $500/day. Director? $750/day. You get the picture. It's a great way for everyone to get experience doing what they want to do without having to attend expensive film schools. It's a real hands-on learning experience, everyone gets something to put on their resume or reel, and most importantly I make a LOT of money for doing absolutely nothing!

Steve, get with the times man, it's all the rage now! ;)

/sarcasm
 
Give her a couple hundred bucks and buy her lunch, don't think you should ask her to do it for free unless you guys have some type of partnership agreement in the production and it could possibly have a financial future.
 
JonathanLB said:
Steve, are you kidding man? You're missing out on the big money my friend!

This is how I make a living. I put together a production as a producer, the only person who doesn't pay is generally the screenwriter, so I get their script for free, let's say for a short film, they get credit. Then I make everyone who works on the project pay. The more you work, the harder you work, the more you pay, basically. You want to be the DP? Great, that costs $300/day. You want to be a grip? That only costs $100/day. You want to be lead actor? That's $500/day. Director? $750/day. You get the picture. It's a great way for everyone to get experience doing what they want to do without having to attend expensive film schools. It's a real hands-on learning experience, everyone gets something to put on their resume or reel, and most importantly I make a LOT of money for doing absolutely nothing!

Steve, get with the times man, it's all the rage now! ;)

/sarcasm
Click to expand...

Haven't I seen your recruiting ads on Craig's List? <ROFLMAO>
 
Lol

Lol

Haha, no joke, well some stuff on Craigslist really is just about that insulting!

I saw one, "Looking for VERY experience makeup artist, pay is $50 for two day shoot, but you get to work with a very good music video director and this will be really great for your resume!"

Ok, what the hell? If he was such a great director, they'd be able to afford something resembling a real paycheck. I've paid $150 per day for a makeup artist, and I felt bad enough about that, actually there was a lady who said her rate was $100 (she was good, too), and I insisted that she take $150 because it just seemed too low, and I even told her she's just underpricing herself. But she said she's ok with that because she's literally booked almost every day of the month, weekends too. I said, well yeah, at those rates! lol.

And if you're looking for someone with tons of experience, why the hell do they need this to put on their resume?!

God bless all of the wonderful people who actually send me resumes and reels on craigslist, because if I went there day after day and saw how lousy the pay is for most projects, I'd probably just quit! And yet I've hired so many very talented, professional people on craigslist. The professionalism of the people who respond to job postings is high; the professionalism of those posting them is basically non-existant, LOL.
 
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