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Character singing in film

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Vows

Can I have my lead character hum and mistakenly sing the lyrics to a B side song from a relatively obscure, but known artist?
What are the legal obligations ?

For a feature indie project.
Thanks
Vows
 
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Even if it is used in a parody. I guess not then, a cover. But what about the license comics have, like SNL?
Or weird Al
Thanks
Vows
 
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My next question would be then, how easy or hard to get the rights to an artist's song, other than the financial issue? Are artist's not in the hot 100, or from yesteryear, reachable?
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Vows
 
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Vows said:
Even if it is used in a parody. I guess not then, a cover. But what about the license comics have, like SNL?
Or weird Al
Thanks
Vows
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What Comic License? I bet they still have to pay a fee. It is copyrighted material. I have also heard somewhere a while back that Wierd Al has not been able to parody certain songs because the author would not allow. (and from wikipedia)

Refused parodies

On numerous occasions, Prince has refused Yankovic permission to record parodies of his songs. Yankovic has stated in interviews that he has "approached him every few years [to] see if he's lightened up."[71] Yankovic related one story where, before the American Music Awards where he and Prince were assigned to sit in the same row, he got a telegram from Prince's lawyers, demanding he not make eye contact with the artist.[56]

Led Zeppelin guitarist Jimmy Page is a self-proclaimed Yankovic fan, but when Yankovic wished to create a polka medley of Led Zeppelin songs, Page refused.[72] Yankovic was, however, allowed the very rare opportunity to re-record a sample of "Black Dog" for a segment of "Trapped in the Drive-Thru".[73]

Paul McCartney, also a Yankovic fan, refused Yankovic permission to record a parody of Wings' "Live and Let Die", titled "Chicken Pot Pie", because McCartney is a vegetarian and found the parody to be improper.[74]

In 2006, Yankovic gained James Blunt's permission to record a parody of "You're Beautiful". However, after Yankovic had recorded "You're Pitiful", Blunt's label, Atlantic Records, rescinded this permission, despite Blunt's personal approval of the song.[56] The parody was pulled from Yankovic's Straight Outta Lynwood because of his label's unwillingness to "go to war" with Atlantic. Yankovic released the song as a free download on his MySpace profile, as well as his official website, and plays it in concert, since it was not Blunt himself objecting to the parody.[75] Yankovic referenced the incident in his video for "White & Nerdy" when he depicts himself vandalizing Atlantic Records' Wikipedia page.
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Vows said:
Even if it is used in a parody. I guess not then, a cover. But what about the license comics have, like SNL? Or weird Al?
Click to expand...

Just to expand on Cryogenic's post....

Networks pay a very substantial annual blanket fee to ASCAP and BMI for song usage in their programming (news, promos, etc.), and songs for shows are negotiated on a case by case basis, although it's a "simple" process as the ASCAP/BMI/SESAC & Harry Fox clearance folks and the music supervisors for the shows/networks have very cordial, long-standing relationships (as well as VERY deep contact files with labels, artists, etc.) and standardized clearance and payment processes - not to mention the deep bank accounts.

Weird Al is a unique case, and yes, each song is cleared individually by the copyright holders. In the '80's you knew you were big time if Weird Al wanted to parody your song. Michael Jackson insisted that Weird Al be given access to the one generation copies of the original Beat It multitrack tapes, and Weird Al's Eat It video was shot in the actual Beat It set.


Parodies are very tricky, and getting sued is always a possibility if something has not been negotiated in advance. For the "average guy" the cost of defending ones self can bankrupt you, so you usually have to acquiesce.
 
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How about time? Is there a limitation on the copy write's of songs? Songs from the 50's are over 60 years old, can they be used? How about songs from the 20's? Are all these still attributed to an owner? Then, how about music from Stephan Foster, is it public domain?
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Vows
 
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Lastly, how difficult is it to approach an artist, perhaps like a moderate star from the mid eighties? Through a website, how much would you expect to pay, how willing are they to participate, do they make any demands about the usage of the song? Like you may have suggested, I'd be better off having someone else sing it, and pay the cover charge, but how does that happen?
Vows
 
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You may find some stuff in public domain, just make sure to check. As for current copyrights, since 1976 the law was modifed to be 75 years or life of the author + 50 years. So most anything you have probably ever heard will be under copyright for a long time. (Also, though there is a lawsuit challenging the copyright, Warner/Chappell own the copyright to Happy Birthday and are only too happy to enforce the copyright).

How difficult to approach and artist...... Who knows.... Who knows if you can approach them. who knows what their rates are, etc etc etc.... There is no set rules. It is whatever you can work out with them, if you are able to approach them. Also a lot of artists may not even own their songs anymore either through bad choices or by selling the. I believe Jackson owned both Elvis and the beatles song rights. If you cover it you will need a mechanical license and possibly a master recording license. Apparently Harry Fox Agency is the main supplier of mechanical licenses.

(I am no expert, just have a wee little bit of knowledge, combined with the ability to use google and wikipedia)
 
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damn!! i almost included a 2-line melody of someone mis-singing some lyrics from a pop song. i figured by changing the words i would be okay but it looks like i was wrong

that makes this vanilla ice thing even more bat shit crazy

https://www.youtube.com/watch?v=1s0hEi8zhmg
 
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Vows said:
Can I have my lead character hum and mistakenly sing the lyrics to a B side song from a relatively obscure, but known artist?
What are the legal obligations ?

For a feature indie project.
Thanks
Vows
Click to expand...

It's not always strait forward. Parodies are allowed to be similar from what I've been told. I think the context the song gets used will matter.
 
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