-
Wondering which camera, gear, computer, or software to buy? Ask in our Gear Guide.
Music legally in your films
- Thread starter Roam
- Start date
Hi Roam,
In order to use music in film, you have to receive the copyright owner's permission. This permission is obtaining a license to use the music for a specific usage. That's called music licensing.
It is illegal to use music in film without the appropriate license. The licensing agreement should include details such as exact purpose, period of time needed, extent of exposure, etc.
By the way, this is exactly what we're doing. Come check us out at www.youlicense.com.
In order to use music in film, you have to receive the copyright owner's permission. This permission is obtaining a license to use the music for a specific usage. That's called music licensing.
It is illegal to use music in film without the appropriate license. The licensing agreement should include details such as exact purpose, period of time needed, extent of exposure, etc.
By the way, this is exactly what we're doing. Come check us out at www.youlicense.com.
Roam,
Yes, using music for your project on Youtube.com is illegal if you do not have a sync license. It can be costly to obtain a license if you are using popular music. You have to obtain a license from the publisher as well as the performer if you are actually using a pre-recorded song. If you are using a song but having someone else sing it, then you just need to get a mechanical license (which can still be costly...). My recent feature had all original music aside from the characters singing the Christmas song "The Little Drummer Boy". I was fortunate that the publisher gave me a very good deal with my mechanical license. It does take some work, but try to make the right connections, explain your project and your budget (most will want a copy of the script, or the very least, a description of the scene where the song will be place).
Another aspect is that rates vary depending on the length of the song and how much of the song is being used (and believe me, they will want cue sheets that are very specific to their property). To make a long story short, avoid using music you don't have the rights to (especially if you are trying to promote a commercial project).
Todd
Yes, using music for your project on Youtube.com is illegal if you do not have a sync license. It can be costly to obtain a license if you are using popular music. You have to obtain a license from the publisher as well as the performer if you are actually using a pre-recorded song. If you are using a song but having someone else sing it, then you just need to get a mechanical license (which can still be costly...). My recent feature had all original music aside from the characters singing the Christmas song "The Little Drummer Boy". I was fortunate that the publisher gave me a very good deal with my mechanical license. It does take some work, but try to make the right connections, explain your project and your budget (most will want a copy of the script, or the very least, a description of the scene where the song will be place).
Another aspect is that rates vary depending on the length of the song and how much of the song is being used (and believe me, they will want cue sheets that are very specific to their property). To make a long story short, avoid using music you don't have the rights to (especially if you are trying to promote a commercial project).
Todd
Hey guys, new to the site and the film-making world. I'm a sr. in high school and am making my first movie for my film class. I'm going to use it in my portfolio to send to the colleges I am applying to, just to give you guys a little bit of a background. What would be the best way to go about contacting an artists. And what exactly does costly imply. Are we talking 100's, or 1,000's here?
Music
You always have to get clearance to use a major artist's music.
advertising image removed
You always have to get clearance to use a major artist's music.
advertising image removed
Unless you're using music for your own pleasure, in the privacy of your own apartment, you always have to get a permission to use music. it doesn't matter whether it's a major artist, or an unknown indie band.
This is the meaning of copyrights. this "permission", is a license to use someone else's copyrighted work in a certain an agreed upon usage, for a certain and agreed upon period of time.
DRThunderMD,
you're welcome to have a look at www.youlicense.com, i genuinely believe it would be the easiest way for you to license music for your project, at very affordable costs.
This is the meaning of copyrights. this "permission", is a license to use someone else's copyrighted work in a certain an agreed upon usage, for a certain and agreed upon period of time.
DRThunderMD,
you're welcome to have a look at www.youlicense.com, i genuinely believe it would be the easiest way for you to license music for your project, at very affordable costs.
Existing recorded music is one of the most logistically challenging rights to obtain for your film, because you are dealing with several entities:
1. The Publisher (who usually owns the copyright for the writer).
2. The Label (the record company that recorded the version you want).
3. The artist and singers that created the recording.
And ANY use (beyond personal use as noted above) requires permission. Having said that, whether one decides to obtain permission is sometimes dependent on the exposure of the use (i.e. you don't want to broadcast it or enter film festivals without permission) and whether you are actionable (i.e. have any assets). I'm not a lawyer, but I say if you can't license it properly, use library music.
1. The Publisher (who usually owns the copyright for the writer).
2. The Label (the record company that recorded the version you want).
3. The artist and singers that created the recording.
And ANY use (beyond personal use as noted above) requires permission. Having said that, whether one decides to obtain permission is sometimes dependent on the exposure of the use (i.e. you don't want to broadcast it or enter film festivals without permission) and whether you are actionable (i.e. have any assets). I'm not a lawyer, but I say if you can't license it properly, use library music.
There are a lot of unsigned musicians who allow you to use their music and many of them are becoming known. All you have to do is ask the artist. I am amazed at how open they all have been to having me use their music in my films. It works two ways -- I promote their music as I promote my film and they promote my film because it has their music in it. I also write music myself so that helps too.
There is a big difference between hundreds of violations on Youtube not
being removed and the practice being legal. It is not legal to copy anyones
material without their permission. The right to copy belongs to the copyright
owner and is not contingent on how the material will be used, if credit is
given or if a profit will be made. Copyright is simply the right to copy.
Many, many people violate that right of artists, writers, musicians and
filmmakers all the time. And many, many people do it without being sued
or stopped.
Miles, what you were led to believe is incorrect. Simply giving credit is still,
technically, illegal.
Regarding using copyrighted music in a college application portfolio. Dr. Thunder,
it technically violates the right of the musicians - and prospective students do
it all the time. If you want to stand out, don't do it. Either get permission or
(better yet, in my opinion) get permission from an smaller - maybe unsigned -
band in your area. Not using a well known song can actually make your portfolio
stand out. There is a very real possibility that the admissions people hear the
same, popular songs over and over and over. The songs are popular because
a LOT of people like them and a LOT of filmmakers use songs they like.
Ah right, it's just wierd because i've seen countless film makers do it and claim it's legal, still...For my latest film i'm using the score to a video game Call of Duty 4, it's immense and suits the mood of my film...I'm not doing anything illegal, i'm not commiting fraud i'm not making illegal copies of the soundtrack, i'm making no money and i pay my respects to the artist...i think copyright laws should be revised
Fair enough, Miles.
But just because YOU feel the laws need to change and
because you have seen countless filmmakers claim what
they are doing is legal doesn't change the facts. What you
are doing is against the law - it isn't fraud, but it IS illegal.
Someday you may own something you created and not
want it used in a way you didn't intend. But even if you
never do, I feels it's essential for the creative person to
respect the creative right of your fellow creators - even if
you feel differently.
At this point I am talking about respect for the rights and
opinions of others. You aren't going to be thrown in jail and
you aren't going to be sued for using the music you have
no right to use. But you are violating the copyright of a
musician and fellow creator, Stephen Barton.
And you're right. Countless artists, musicians, writers and
filmmakers do it all the time.
Have you considered contacting Mr. Barton to ask if he is okay
with you using his music for your film?
But just because YOU feel the laws need to change and
because you have seen countless filmmakers claim what
they are doing is legal doesn't change the facts. What you
are doing is against the law - it isn't fraud, but it IS illegal.
Someday you may own something you created and not
want it used in a way you didn't intend. But even if you
never do, I feels it's essential for the creative person to
respect the creative right of your fellow creators - even if
you feel differently.
At this point I am talking about respect for the rights and
opinions of others. You aren't going to be thrown in jail and
you aren't going to be sued for using the music you have
no right to use. But you are violating the copyright of a
musician and fellow creator, Stephen Barton.
And you're right. Countless artists, musicians, writers and
filmmakers do it all the time.
Have you considered contacting Mr. Barton to ask if he is okay
with you using his music for your film?
Go Local
Unless you have the funds to pay an artist for their work, you should find ones who will share their work in exchange for the promotion.
On our first feature we ended up getting ten different Chicago bands to sign releases/sync licenses to be on the soundtrack at no finacial cost. We added their names to the promotional card as in "Featuring Music From: ---", promo them on our websites, passed out promo CDs with their music on it as a sampler, gave them a copy, and of course credit. Even used a few on the trailers.
For the current feature that I'm wrapping up in post(woohoo) it's pretty much the same situation. I lucked out and found an actor that is also a composer. He ended up making about 20 custom tracks in relation to the scenes as well as us tapping the Chicago bands and even one from The Netherlands.
Of couse we'd all love to use our favorite songs, ones we've grown up with, and other scores, but in the end it's not worth the drama of getting it removed from YouTube(Has happened to me for an animation video I once made), the legal issues, and just the moral issues. It would be like a political candidate using a band's song without their permission when they don't agree with the views of said candidate.
You're expecting the audience take a chance with your film/short/what have you, so why not take a chance on an unknown musician.
Unless you have the funds to pay an artist for their work, you should find ones who will share their work in exchange for the promotion.
On our first feature we ended up getting ten different Chicago bands to sign releases/sync licenses to be on the soundtrack at no finacial cost. We added their names to the promotional card as in "Featuring Music From: ---", promo them on our websites, passed out promo CDs with their music on it as a sampler, gave them a copy, and of course credit. Even used a few on the trailers.
For the current feature that I'm wrapping up in post(woohoo) it's pretty much the same situation. I lucked out and found an actor that is also a composer. He ended up making about 20 custom tracks in relation to the scenes as well as us tapping the Chicago bands and even one from The Netherlands.
Of couse we'd all love to use our favorite songs, ones we've grown up with, and other scores, but in the end it's not worth the drama of getting it removed from YouTube(Has happened to me for an animation video I once made), the legal issues, and just the moral issues. It would be like a political candidate using a band's song without their permission when they don't agree with the views of said candidate.
You're expecting the audience take a chance with your film/short/what have you, so why not take a chance on an unknown musician.
Also, we see plenty of ads on this site (check the classifieds forum) from composers looking for opportunities to collaborate with the filmmakers on this board. Many offer to do free work just get some experience.
I once contacted the Harry Fox agency about licensing a song from an old 80's metal band (that most people have never heard of). They wanted some ridiculous amount of money (I think it was THOUSANDS of dollars) JUST to sync the song in the movie for FILM FESTIVALS!!!! I tried to explain to them that film festivals are for film makers who are trying to sell their movie, and that filmmakers don't make any money off of film festivals but they didn't care. God knows how much they would have wanted to use it on an actual DVD release. I'll bet $20,000 or something crazy like that.
Indie publishing companies UNDERSTAND that indie filmmakers just want to pay a REASONABLE FLAT FEE for music and be done with it. They also understand that indie movies rarely make a hill of beans worth of money. Check out companies like NOMA Music (Chatsworth?), as they license indie music. Otherwise maybe you can find someone starting out who is desperate to have their song in a movie.
Make sure you get it in writing: A master use and synchronization license. There are single agreements that combine the two.
Indie publishing companies UNDERSTAND that indie filmmakers just want to pay a REASONABLE FLAT FEE for music and be done with it. They also understand that indie movies rarely make a hill of beans worth of money. Check out companies like NOMA Music (Chatsworth?), as they license indie music. Otherwise maybe you can find someone starting out who is desperate to have their song in a movie.
Make sure you get it in writing: A master use and synchronization license. There are single agreements that combine the two.