Confusion about music license

A

Asad J

Hey world!

So, I'm working on a musical. I found a track on this website: audionetwork.com, which I really loved, so I purchased the rights to use the song as the instrumental, wrote lyrics to it, and the track and all worked really well.

I wasn't sure if I was really allowed to do this within the regulations of the purchase, so I emailed the composer and the audionetwork people, and asked them if this was alright to write lyrics to a precomposed instrumental.

The AudioNetwork people said that it wasn't and that the song could only be used as is, and I can cut it and reuse it as many times in the production as I want, but adding lyrics to it changes instrumentation so it's not within the terms of what I'm allowed to do.

However, the composer responded to my email saying that it would be perfectly alright, and that as long as I respected some of his artistic concerns, (which I agreed to do), I could write lyrics to it, and that he had checked with AudioNetwork.

I know that it's a mirky point to be in now, because the website says no, the composer says yes and that he's checked with the website. I'm REALLY in love with what the song is doing for my project, and I'm torn as to whether I should just go ahead and use it because the person who'd legally come after me (the composer) is totally on board, or if I should refrain because the website clearly said no.

I do intend on taking the film to film festivals, so it's not going to be one of those pieces that only ever get to be seen in private screenings. What would you guys recommend: should i use the music or should I refrain? Is there something else I might be able to do to cover my bases and use the track feeling a little more secure?
 
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But your existing agreement is with audionetwork, not the composer, so I'd think their view is the relevant one, not the composer's. It's likely to be them who 'legally come after you' rather than the composer, isn't it?

The complication is they've apparently given contradictory advice to you and the composer. For me, it seems like the only option you have would be to go back to audionetwork and ask them to clarify which is accurate. It would certainly be a risk to take the composer's word for everything being cool, if audionetwork have expressly indicated the opposite to you.

Other than that, is there any way to negotiate a new agreement which does allow you to add your lyrics? Or maybe even ask the same composer to write a similar piece from scratch?
 
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I've never heard of this before. My first instinct is to say you're fine, but I really don't know the answer.

The license you own, what rights does it assign to you?

APE might be the best one to chime in.
 
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Re-read your contract with audionetwork, the way they are saying you should interpret "as is" sounds unreasonable to me. Read the contract and see if there is anything that gives you the right to:

edit, modify, rearrange, etc.

Don't take this as legal advice, but I just used somebody's songs and edited, elongated, adjusted volume and all kinds of other stuff to the songs, as part of the "synchronization" rights said that I could do all those things in relation to a film.
 
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Thanks so much you guys! I'll explore the audionetwork license meticulously and get back to you guys! If all else fails, I like the idea of asking the composers to sign off on something just for that extra level of surity.
 
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Asad J said:
If all else fails, I like the idea of asking the composers to sign off on something just for that extra level of surity.
Click to expand...

It won't be worth anything if AudioNetwork decides to sue you; you have still abrogated the licensing with AudioNetwork, no matter what agreement you have with the composer. And the composer may also face liability if he is in variance with the contract between the himself and AudioNetwork.

Your big problem here is that there are three (3) parties involved, and your "contract" with AudioNetwork is the only contract that matters legally.
 
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Thanks Alcove. I tried to look for exactly what the license encompasses online, but they didn't have it up so I asked them to email me a copy. Soon as I get it, maybe there's something in there that might help, but if it's totally ironclad, then maybe I'll just let it be and let it inspire something new.
 
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You need to license a new recording from the artist himself. Hopefully this artist has the right to do this in the first place. Did he do a non-exclusive license with this audionetwork company? And is the recording itself his own production?

Yeah I hate that about royalty free music. You can never add to it. There's other bizarre stuff, like for example you can't use the music for an outgoing phone message.
 
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Thanks Blade!

I got an email from a different chapter for AudioNetwork: "The licence doesn’t cover you for this use as it is a synchronisation licence for sync to audio visual media. However, if you are just performing it live, we are happy to allow you to sing over it as a one off. However, if this musical is being used under any other circumstances, the licence will not cover the usage." I guess its pretty much n stone then. Dont think the composer will be able to offer any other solution to this so I'll just get something else composed inspired by it. Thanks though, everyone!

@ outgoing phone messages: Really? That seems SO specific and bizarre! Whats the idea?
 
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