Documentary + music rights question

trueindie

trueindie

You guys may not have seen this example of a documentary project I'm working on, but a link to it can be found on this thread
http://www.indietalk.com/showthread.php?t=30475
[I don't want to get into any more infraction trouble by posting the link directly :)]

I'm in the preproduction stages of doing these interviews with a few artists I know. At present, I've solicited from and am being approached by artists (actors/musicians/dancers) some of whom I don't know, who want to do interviews with me. My goal is to compile enough interviews so that I can end up with a half decent hourlong compilation.

Here are my questions: How should I approach some of the musicians into signing a release form? What if they're not willing to sign something that gives me the right to use their music? What kind of rights issues do I need to be sensitive to when dealing with musicians? Are there any special issues I need to be aware of when dealing with musicians singing their songs in a documentary setting? Anything else about anything I should be aware of when doing something like this ;)?

Thanks much,
Aveek
 
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What you'll need is a release form that enables you to use their song in your doco. The songwriter/copyright owner will need to sign this release. If they have a publisher you will need to deal with them. If you want the songs performed live then this release is all you will need.
If you want to use a recording you will also need permission from the owner of the recording which may be a record company depending on what sort of deal the songwriter has in place.

Approach the songwriter with a document that gives you the rights to sync that particular recording of the song to your film. Let them know you will include their name in the credits. Maybe even a website address. You will also need to include their details on a cue sheet which gives them the possibility (although slim) of earning royalties. (but that is an entirely other topic)
Also give them a copy (it's a nice gesture)

If they are not will to sign over a release then you cannot use their song.
If they want money for the sync rights then that's a decision you'll have to make. There is no set sync fee it is totally negotiable.
If you have artists asking you to be on your doco then you shouldn't have trouble with them wanting to sign a release form.
You will need the sync rights to any music that appears in your film.

hope this helps.
 
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This helps a whole lot. Thanks so much for that detailed response. Hope you liked my little doc attempt.

I have just a few more clarifications if you have the time :)
Michael Allen said:
What you'll need is a release form that enables you to use their song in your doco. The songwriter/copyright owner will need to sign this release. If they have a publisher you will need to deal with them. If you want the songs performed live then this release is all you will need.
Click to expand...

Would you happen to have links to these release forms that you mention? (please, please, please do)

What if they perform a Sinatra song live, in the documentary. Do I need permission from the copyright owner of the song? Or does the fact that it is a documentary provide me any benefits?

Michael Allen said:
Approach the songwriter with a document that gives you the rights to sync that particular recording of the song to your film. Let them know you will include their name in the credits. Maybe even a website address. You will also need to include their details on a cue sheet which gives them the possibility (although slim) of earning royalties. (but that is an entirely other topic)
Also give them a copy (it's a nice gesture)
Click to expand...

Beautiful!! Thanks so much!!
Best regards,
Aveek
 
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Here are my questions: How should I approach some of the musicians into signing a release form? What if they're not willing to sign something that gives me the right to use their music? What kind of rights issues do I need to be sensitive to when dealing with musicians? Are there any special issues I need to be aware of when dealing with musicians singing their songs in a documentary setting? Anything else about anything I should be aware of when doing something like this ?
Click to expand...
If they won't sign a release then keep looking. You will license the music to sync to your movie -- not buy out. They are free to license their music to others. This gives them incentive to work for cheap. You need a combined MASTER USE & SYNCHRONIZATION LICENSING contract. Don't assume that a song is in public domain just because someone says that it is. Beware of musicians who omit telling you that someone else performed on a recording. Often musicians want to get paid so they just don't tell you everything.
 
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I posted some places you can find composer contracts in this thread a few weeks ago http://www.indietalk.com/showthread.php?t=29538
You might be able to pull something out of that but it really doesn't have to be complicated.

If someone performs a Frank Sinatra song or any other song that was written in roughly the last 100 years you will need permission. The law is different in some countries but usually copyright exists on music until 75 years after the death of the writer.
 
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Thank you guys for the great info and links. Much appreciated.

Reading the replies, I was reminded of an encounter I recently had with a musician. He said that he would write me tracks for as little as $100 each, that he would do a whole film score for $1,000. After a few minutes of more chatter, I asked him if I would have the rights to use the music perpetually for as many replications of my movie, if the movie became successful? He said no, and that he would like to get paid for it.

That's completely understandable. But what gave me pause was that he didn't mention that part. In his mind, he would have been paid for the music, let me do all the work to make the movie successful, and then probably sued me. I told him that if I didn't have the right to replicate his music for as many impressions as I liked, he could sue me. He stopped talking to me ;)

So I suppose my mindset right now is that when dealing with the musicians, I do have to be vigilant about rights issues, beyond the standard release forms I typically make everyone sign. Some of these musicians are fantastic by the way, and I'd love to tell their stories too.

Many thanks.
Aveek
 
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The more you understand copyright and royalties the more prepared you'll be for these conversations. If you pay for the recording of the music then I believe the law would see it as you owning the actual mechanical recording and would therefore be able to print as many copies as you like. The songwriter would still retain his writers copyright. In any deal you strike with a composer you will want the perpetual right throughout the world to copy, sell and broadcast the music contained in your film.
 
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Michael Allen said:
If you pay for the recording of the music then I believe the law would see it as you owning the actual mechanical recording and would therefore be able to print as many copies as you like. The songwriter would still retain his writers copyright.
Click to expand...

Thanks Michael. What does it mean that if I pay I own rights to the actual recording, but composer maintains copyright? What can the copyright owner do that the owner of the recording cannot?
Last question on this I promise :). I'm sure this discussion is helping out a lot of people, so it's all good I hope.
 
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Well your rights will depend on the contents of your contract. Again you should seek council with an entertainment attorney for definitive advice but if you own the actual recording (master) then you are free to do things like put it on a soundtrack CD. If the composer retains copyright then he can stop you from putting it on a TV commercial for dog food. The composer would not be able to use the recording without a release from you.
Now as far as copyright ownership goes there are different types of royalties that can be received by the copyright owner of music. Music copyright royalties are divided into half. 50% writers share 50% publishers share. The writers share always stays with the composer but the publishing share is there for him to sell. A work-for-hire agreement means the film producer becomes the publisher.
Now in your case of the composer who was willing to write you a movie soundtrack for $1000. I doubt this would be enough to buy his publishing rights but it is entirely up to the composer because it's his to sell.
One of the royalty streams available to the copyright owners is mechanical royalties which are generated by the mechanical reproduction of a work. This can be big money for movie soundtracks that sell well but I don't believe they are collected for film DVD reproduction. So no mechanical royalties are generated from Film reproduction. In the situation you described before I doubt the composer could insist on money for you making copies of your film because mechanical royalties are not applicable.
Another type of royalty is the performance royalty. If you make a film that gets played at festivals no money is made. If you get on commercial TV a little bit of money can be made. If you get a world wide theatrical release and re runs on TV then you can make money. No royalty money is collected for films playing in cinemas in the US but they are in some other overseas countries. Here in Australia a film needs to gross $1 million before you get on the radar of the collection agency. You need to be writing music for commercially successful projects to be making coin from royalties.
Who has the right to do what with the music in film totally depends on the contents of your contract but when the composer retains his publishing then he has the ability to stop you from using the master recording for a purpose other than the film. For example you couldn't use it in another film without re-negotiating.
Once again I hope this helps but remember I'm a composer not a lawyer.
 
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@Michael. Dude You've been more than helpful. You've been an absolute buddy!!

On a sidenote, I was in Melbourne for a month a couple of years ago. Caught Warnie flirting with older chics. The MCG was awesome. Looked better than I had ever seen it on TV.

Too bad about the team this year. But the Aussies have depth. I'm sure you guys will win the next cup.
Good Luck
 
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Yes apparently Warnie is now dating Liz Hurley. I was at The MCG two days ago watching the footy with a crowd of 80,000. It really is the central hub of a city obsessed with sport and one of my favorite places on earth.
 
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Interesting thread. A lot of composers, including myself, will work to a licensing contract that makes room for future use. So I write you some music and you can use it in your film and then suddenly your film becomes succesfull and you are selling DVD's and doing ads etc and you can still use my music but you don't own it, you just have a very open license. If you want to use the music for something unrelated then you would have to pay for another license.

I also do by out deals but there not cheap.
 
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I asked him if I would have the rights to use the music perpetually for as many replications of my movie, if the movie became successful? He said no, and that he would like to get paid for it.

That's completely understandable. But what gave me pause was that he didn't mention that part. In his mind, he would have been paid for the music, let me do all the work to make the movie successful, and then probably sued me. I told him that if I didn't have the right to replicate his music for as many impressions as I liked, he could sue me. He stopped talking to me
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Understandable? Not! Musicians are completely ignorant about how licensing of indie music works and how dire the indie film market is. Music for indie films is always done in perpetuity, and 99% of indie films hardly sell anything. Few break even. All of the publishing companies that specialize in licensing to indie producers understand this, and so they license in perpetuity in all countries for a flat fee. Making an indie film is a HUGE financial risk, and so they understand this. If the movie becomes that rare diamond in the rough then as a musician you congratulate the filmmaker for defying all odds and enjoy the attention that your music gets.
Find another musician.
 
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