What are the laws on using covers of songs?

HBlack

HBlack

Underage Member
For example, if I recreate a song instrumentally, can I use that in a film? Or if I have permission from a local band to use their cover.

I assume I'd need a license of some sort... but if it's instrumental and just using a riff could I get away with it? Also, if I'm using a local band's original music, what sort of release do I need signed?
 
A cover: you need sync rights from the copyright owner.

Original music: sync rights from the copyright holder. A local band probably didn't bother registering the copyright...and that doesn't matter. You have to get the rights, anyway.

Getting away with a riff... There's no legal difference between a riff and the whole song.
 
I'm not a lawyer, but I am in a band and I have learned:

if you perform someone else's song, you need a mechanical license (permission from the copyright holder).

If you use someone else's recording, like a CD, you still need a different type license (permission).

Usually when you buy sheet music, that permits you to use that for live performances, but not to record that live performance and sell it or use the recording in other work.

A local band is a good source for material, because you can get their permission to use their stuff (but only stuff they wrote and performed, not stuff they covered).

Bottom line is, unless you wrote and performed it, you need to get permissions.
 
How do I go about getting the rights for it? I was planning on contacting the band directly, but I realize I'm going to have to speak with their label. Do I just email the label, tell them what I want to do with the song and ask if it's alright? (As well as mentioning premise of the movie, context of the song, and purpose of the film, of course).

I think the fact that the band has a label will complicate things, but it's a smaller Ontario based ska one, so I don't think I'll have as much trouble as I would if it were EMI or something similar.
 
Ask - all they can say is no. As long as you some hardcopy permission (not verbal), you're good to go.

Regarding riffs, the only time you can use excerpts is for education (i.e. you are really a teacher ina classroom), or for referrals in scholarly works.
 
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