Can I legally use music if it's from a dead composer?

H

harmonica44

I really like the music in North by Northwest and was wondering if I could legally use that and have someone else recompose it of course. But even though Bernard Hermann is passed away, would his relatives or the companies that own North by Northwest, be legally entitled?
 
Last edited:
Sort by date Sort by votes
For free without written consent?

Nope!

Assuming that rights to the composition magically disappeared upon death and weren't passed on (they are), you still have to pay royalties for publishing and whoever performed it.

There are dozens of composers practically begging for material to work with here on the board. Let them take a stab at it. Tell them you like the style of _____ and to have fun with it.
 
Upvote 0 Downvote
postfacto said:
I believe Paul means let them take a stab at doing an original composition stylistically similar.
Click to expand...

Yup.

And sorry, I should have said "pay for rights" not "royalties." Many indie composers are willing to grant you all the online and festival rights for whatever you pay them (even if they're doing it pro-bono). That let's you show it everywhere you'd need to, then if you're good enough and lucky enough to land a distribution deal they'd get paid out of that.

Let someone take a stab at an original composition. I've worked with several composers now (one I found out about here at IT) for very reasonable rates where when the project was over we all were happy.
 
Upvote 0 Downvote
I want to slap my forehead, but maybe I'm just miscommunicating.

1. You have to have rights to use music in your film.

2. You won't be able to afford rights to stuff from a major release, even if the composer has died.

3. You can afford an independent composer.

3b. By "independent composer" I mean a composer that works of indie and low budget films.

4. Most independent composers grant your rights for festival and online exhibition for little to no extra cost.

5. I don't know what red tape there is regarding music? You either have permission or don't.

6. If you're lucky enough to make money in distribution, then you pay your indie composer (as well as everyone else thy worked for cheap/free/deferred).
 
Last edited:
Upvote 0 Downvote
Paul, is this your introduction to the H44 phenomenon? He does this. You're not miscommunicating. A lot of people think he's trolling us, but I think he's actually perhaps the most sincere person on this forum (and I've seen the FULL version of his long-awaited rape-revenge-fantasy short film). He's not super great at the learning thing.

He also has some rather extreme violent misogynistic tendencies, well-documented, not just in the material he writes and films, but in real-life behavior (he once sincerely asked if he should threaten violence against a kind lady who was letting him shoot on her property, because she wouldn't turn off her A/C, or something asinine like that).

Just my opinion, this isn't someone who deserves our time.

I guess, as a technicality, I need to answer the OP's question -- NO, H44, YOU CAN'T LEGALLY USE SOMEBODY'S MUSIC JUST BECAUSE THEY'RE DEAD!
 
Upvote 0 Downvote
PaulGriffith said:
I want to slap my forehead, but maybe I'm just miscommunicating.

1. You have to have rights to use music in your film.

2. You won't be able to afford rights to stuff from a major release, even if the composer has died.

3. You can afford an independent composer.

3b. By "independent composer" I mean a composer that works of indie and low budget films.

4. Most independent composers grant your rights for festival and online exhibition for little to no extra cost.

5. I don't know what red tape there is regarding music? You either have permission or don't.

6. If you're lucky enough to make money in distribution, then you pay your indie composer (as well as everyone else thy worked for cheap/free/deferred).
Click to expand...

Sorry for misunderstanding. Okay so basically no North by Northwest music for me. That's okay though. I was also thinking using the music might not be as good, cause it's not original.

Thanks for the info.
 
Upvote 0 Downvote
As long as you don't mind going up against MGM or Warner lawyers.......... Copyright is copyright. Unless you have written permission to use a copyrighted composition you are in violation and will face legal. This even goes for the local band in your backyard. If you are using their music make sure you have the paperwork to back it up..... BTW even Happy Birthday is copyright held by Warner.....
 
Upvote 0 Downvote
Cryogenic said:
Unless you have written permission to use a copyrighted composition
Click to expand...
Yes, it's good that you made the distinction as there is a difference between using a recording and just re-making a song. To use a song you heard on the radio you need permission from the label and from whoever composed it.
To re-make a song you only need permission from the composer.
Having said that, often labels buy the composer's rights with the rest in the contract they sign with the artist.

Your best bet has been suggested already - get a local band to make a song for you or find a composer online who's willing to do something suitable. You can find some great and talented people if you look hard enough. Give them the respect they deserve and you'll find yourself in possession of a great bit of soundtrack that fits your needs perfectly.
 
Upvote 0 Downvote
D'ju get ur camera back yet?

Also, relevant to this thread, there's a difference between public domain/copyrighted MUSIC and public domain/copyrighted PERFORMANCE of the music.

All them old grey hairs (Mozart, Chopin, Bach, et al) may have SHEET MUSIC in the public domain - BUT - you can't fully legally use the recording of a contemporary PERFORMANCE of it w/o paying for it.
 
Upvote 0 Downvote
Cracker Funk said:
Paul, is this your introduction to the H44 phenomenon? He does this. You're not miscommunicating. A lot of people think he's trolling us, but I think he's actually perhaps the most sincere person on this forum (and I've seen the FULL version of his long-awaited rape-revenge-fantasy short film). He's not super great at the learning thing.

He also has some rather extreme violent misogynistic tendencies, well-documented, not just in the material he writes and films, but in real-life behavior (he once sincerely asked if he should threaten violence against a kind lady who was letting him shoot on her property, because she wouldn't turn off her A/C, or something asinine like that).

Just my opinion, this isn't someone who deserves our time.

I guess, as a technicality, I need to answer the OP's question -- NO, H44, YOU CAN'T LEGALLY USE SOMEBODY'S MUSIC JUST BECAUSE THEY'RE DEAD!
Click to expand...


No no, I've been here for it all. I pretty much always assume the best, plus in the midst of the 3000 questions every now and then hopefully there's one that I can answer that'll help him and anyone else. If you think about it, the whole post mortem thing (while off) shows at least a bit of out-of-the-box, creative workaround thinking that you need to make low budget stuff.
 
Upvote 0 Downvote
Cracker Funk said:
Paul, is this your introduction to the H44 phenomenon? He does this. You're not miscommunicating. A lot of people think he's trolling us, but I think he's actually perhaps the most sincere person on this forum (and I've seen the FULL version of his long-awaited rape-revenge-fantasy short film). He's not super great at the learning thing.

He also has some rather extreme violent misogynistic tendencies, well-documented, not just in the material he writes and films, but in real-life behavior (he once sincerely asked if he should threaten violence against a kind lady who was letting him shoot on her property, because she wouldn't turn off her A/C, or something asinine like that).

Just my opinion, this isn't someone who deserves our time.

I guess, as a technicality, I need to answer the OP's question -- NO, H44, YOU CAN'T LEGALLY USE SOMEBODY'S MUSIC JUST BECAUSE THEY'RE DEAD!
Click to expand...

Yet somehow H44 topics get the most answers (and usually very fast).

What does THAT said about us ?
 
Upvote 0 Downvote
rayw said:
D'ju get ur camera back yet?

Also, relevant to this thread, there's a difference between public domain/copyrighted MUSIC and public domain/copyrighted PERFORMANCE of the music.

All them old grey hairs (Mozart, Chopin, Bach, et al) may have SHEET MUSIC in the public domain - BUT - you can't fully legally use the recording of a contemporary PERFORMANCE of it w/o paying for it.
Click to expand...


So it's free to use the old grey hairs' music as long as you make your own cover of it? And it's copyright infringement if you steal someone else's cover of it, right?
 
Upvote 0 Downvote
Ron Wasserman, music composer of the original Power Rangers, recently recomposed music from the series. He said that you can legally cover a song so as long as the song being covered has been released to the public.

http://www.rangerboard.com/showpost.php?p=4150032&postcount=1
ronwasserman said:
Secondly I am restricted from what I can do….same as anyone else covering these songs. I can only create "my version" if the tracks if the original song(s) were released commercially on Cd or iTunes etc. If it was only used on TV, then no one can legally cover and release that song.
Click to expand...
 
Upvote 0 Downvote
You must log in or register to reply here.
Back
Top