Songs in movies...

B

Bowie

New member
Hello! A couple of years ago I've heard that you can use a song in a movie without permission or buying the rights IF you actually show the source where it's coming from (a radio for example...)
I've talked to some people and they all seem to recall that tip given to them, but I'd just like to have an official answer...
Thank you very much!
 
That would be no. Any music that you do not personally and originally create is subject to someone else's copyright, no matter how much of it you use (there used to be a rumored 10 second rule - under 10 seconds was okay - actually, it's not).

There are lots of sites (do a search here for a list) that sell royalty free music you can use once you purchase it. I personally use shockwave-sound.com - they give you a branded version you can use for comping, which is awesome (this means you can use it in your edit without buying it so you can see if it works - the branding is every now and then they burned a voice in saying sample).

Phil
 
I know it seems pretty ridiculous, but I could swear I've heard that during a class at school! And also I remember seeing a very low-budget and experimental movie in a festival and no way could the filmakers have afforded buying the rights for one particular song, and during the scene a character was holding the radio where the song was coming from, so that reinforced what I thought...
Anyway, thanks!
 
It is possible to obtain festival rights for music, and these are generally much much cheaper than release rights. Getting festival rights is no guarantee that you will get the license for release. This may be what you are thinking of.

It never ceases to amaze me how many ways people try to justify ripping off other individuals music. :)
 
tigeba said:
It never ceases to amaze me how many ways people try to justify ripping off other individuals music. :)
Click to expand...
...and then would be pissed off if someone ripped off their "sacred cow."
 
tigeba said:
It never ceases to amaze me how many ways people try to justify ripping off other individuals music. :)
Click to expand...

The rumour mill that we call the internet combined with the advent of super-cheap movie making started by DV has really driven these urban legends into unstoppable proportions.

There is clearly value to music being added to your film, do you think that someone who worked hard to develop something valuable should not be compensated? While some of the prices demanded by artists and their labels can seem outragous, the marketplace will certainly decide if that is so.

$100,000 for a car seems outrageous to me so as much as I might want a Ferrari I live without it. I find another, less fun, way to cart my ass from one place to another. I don't decide they are charging too much so it's ok if I steal it from the greedy bastards. A popular song is no different.

Copyright law is integral in protecting all of us commercial artist, no matter what the form. I would argue that because of money and politics some copyright protection goes too far (or more specifically too long) and can actually stifle the culture and entertainment that these laws are intended to protect. But given the choice of too much protection or none I would choose too much.

The subject of how long creative work should be protected is certainly a debatable topic but as to whether a "little" stealing of copywrited work is ok, that is not.

Cheers
 
Blaine said:
...and then would be pissed off if someone ripped off their "sacred cow."
Click to expand...


Hehe. Amazingly nobody ever comes on the board and asks a question like:

"Hey, I don't have the budget to do X cool special effect. Do you think it would be ok to just "sample" 8 or 10 seconds of the Matrix for my film?"

Heck, maybe they do :)
 
I heard you can do that as long as you invert the footage. I think I heard that or read that from a blog or something on MySpace, so you should be good to go that way!

Oh well, there's only one way to find out!

Good luck!

e
 
Hi Bowie,

Perhaps the teacher (or student - wink) confused general copyright law with the Fair Use Doctrine:

http://www.copyright.gov/fls/fl102.html

Exempted copyright areas include: criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.

Factors to apply when considering fair use include:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

But as the government aptly states:

http://www.copyright.gov/fls/fl102.html

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

Regards, Michael
 
You must log in or register to reply here.
Back
Top