The Use of Music in Documentaries

C

Cedric Perry

Member
I still do not know the process of incorporating music that is copyrighted. Do I need to ask for the company's permission to use a certain song? Or do I need to cite the music source in my film. I do not want to get in trouble for using copyrighted music.

Also what are some good times to use music in a film that is mostly vibrant?
 
It depends on where you are in the world and what the music is. Some countries offer through their copyright societies/agents blanket simple cover, while others have more complex systems. A google for copyright clearance for video with your country at the end will direct you to the appropriate agency. I understand the US situation is for once, not as flexible as the UK one - where licenses are simple for low numbers of copies and there are few content issues.

However - if you have to license individually, then you need to consider two or even three separate copyrights for popular music. The composer has rights over what they composed, and the artiste or record company have an interest in the performance. So as copyright in many countries extends 70 years after death, most music is going to be covered. Remember that most music is in the hands of people like PRS and PPL in the UK, and there are US versions of these organisations, but be aware that not all music is within their power to license. A number of artistes like to keep control of their music to prevent use by organisations they disapprove of. So Don't expect to ever find Paul McCartney to let MacDonalds use his music in a TV ad. Many composers will refuse permission for quite random reasons. I had a request rejected many years ago now by Roald Dahl. I thought a totally reasonable request, but got a solicitors letter instructing me not to pursue the project and cease to even use the characters name in the product!

Don't forget too that there is a mechanical copyright system - which licenses copying to different media. This is what the big radio broadcasters live with because they copy from say, CD to a computer system for playback. They've actually created a copy - something that needs permission.

This seems very complex and is to a degree - however, the agencies are always happy for you to phone them up and they will explain the best system for you.

It's very difficult to tread through the minefield safely - but they'll help you. If you are going to be selling thousands, then expect different treatment to just a handful - but put it on the net and have a few hundred thousand hits - then the costs could well be really expensive to do properly.
 
My 'knee-jerk' opinion is to not even attempt to use popular arrangements or songs. You will waste a lot of time and money. My advice is to buy Royalty-Free, or, subscribe or buy into library providers, (usually for a minimum one-year service), depending of course on how much you intend on using music. They are watching (and listening) to YouTube and other internet outlets for violaters.
 
The real trouble is simply that this kind of music is not so good. I don't mean inept or technically bad in any sense, but if you only look at instrumental songs, the quality of everything often really fits. Think of the music that us UK based people associate with grand prix motor racing - a very old track by Fleetwood Mac - the Chain. Just the first 30 seconds or so. Play it in the UK and everyone thinks speed, cars, racing, F1. I just finished a run of theatre shows where during rehearsals the Director had a 30 second gag that he thought this music would have worked brilliantly - and it would. Clearing the copyright revealed the cost, and the track was shelved immediately. The alternative was free, but nowhere near so good.
 
Then be prepared to pay big bucks for the rights to use that music. Simple as that.

There's a difference between 'free' and 'royalty free'. There's a lot of great 'royalty free' music out there. Yes, you have to buy it -- but it's a LOT cheaper than licensing popular music.
 
good music is relative.. it sounds like whats happening is that you associate good music with something that has been on the charts or previously used in other pieces..

the thing is to really find music that fits over finding songs that you like and want to fit. i send off many many emails and phone calls for clerences and sometimes a good chat will bring the price down but it takes elbow work. what i have done is rub elbos with local musicians who make good records and who dont mind being in work for the sake of being heard. all you are paying for is the ability to not be sued in case the band or company doesnt like how their work is being used. i have been able to get music from grammy winning bands for 300 bucks and been priced 5000 for a rising star..
 
Very often the worst music to choose is well known music, because for those that like it, they will be listening to the music and not watching the images, and those that hate the music will hate the video too. The secret is music that creates mood, or generates emotion. This just takes thought and time. Do you want the viewer to tap their feet, or silently mouth the words? No. The other end of the scale is free/semi-free or given away music composed by a musical dimwit with no talent, recorded on a bontempi organ with auto accompaniment. The good stuff is in between. Seriously though, there is a great deal of musically inept material out there, that a non-musician may not notice, but anyone in your audience who is musical will. Again, this is a critical area that means that if you are NOT musical, you need somebody else's opinion. Just look at the thousands of Youtube videos that have totally inappropriate sound tracks, and the people who made them hadn't noticed!
 
Film is one of the only art forms that incorporates every other art form. Music stands on it's own, whereas film stands on several merits that are both seen and heard. If I were to make a documentary on Vietnam War and wanted to use "Eve of Destruction" by Barry McGuire, the song and film make a perfect marriage. Otherwise, if you want to incorporate Fleetwood Mac into your film, you are adapting their song into a meaning perhaps not originally intended by the artist. Even if it works and the marriage of film and song makes sense to everyone. In the end, an audience might (and have) associate that song to your film and what the film represents. Again perhaps not what the song's original intention was. So if you're on a budget, find music that allows your film to hold it's own merits and not on the shoulders of others.
 
I purchase royalty free licenses for the music I use. However, I recently found a music score from a well know "new-age" artist that perfectly fit a noncommercial project I had in the works. I thought well what the heck, I'll contact the artist and the record company. Low and behold they gave me written permission to use it.
 
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