this is not the basic fundamentals of film making. the basic fundamentals are lighting and sound. this is country-specific law which has nothing to do with film making fundamentals.
I agree with soundslikejoe, it is a basic fundamental of filmmaking and of any creative craft. Lighting and sound might be the physical fundamentals of filmmaking but physical fundamentals are not the only fundamentals. For example what are you lighting and what does your sound contain? Also, although there are variations from country to country, all countries (AFAIK) have some form of copyright protection and most countries in the world are signed up to international conventions or treaties to provide cross border protection for copyright holders.
Do you mean thats why most major films don't USE royalty free music?
Yes, that's what he means. Contracts between the prodco and composer will always (in my experience) contain a clause requiring the composer to create
original music and most contain a clause indemnifying the prodco against copyright infringements and even against claims of copyright infringement.
You would think something like this so standard for indie films there would be some guidance on the issue but I've received none.
I believe US law is the same as UK law in that ignorance of the law cannot be used as a defence. In other words, it's not incumbent for anyone to give you this information (and you to receive it), it is incumbent on you to find it out! Having said this, most university media based courses do include lectures/information on copyright and in some countries inclusion of copyright and other legal issues (such as Health and Safety) are a legal requirement for government accredited qualifications. The basics of copyright law are not taught in general compulsory education though, which is one of the reasons why, in this day and age of it being so easy to create, copy and distribute content. that so many people don't understand it, don't agree with it and/or routinely break it.
I also assumed that with something like audio blocks you would be covered, since you are paying for a license. Go figure.
A license is just a contract between a copyright holder and someone who wants to use/exploit that copyright. The license lays out the conditions under which the copyright holder agrees to let you use/exploit their copyright. Every license can therefore contain different conditions (when, where and how you are allowed to exploit the copyright) and all those conditions are entirely at the discretion of the copyright holder. In other words, anything you want to use which has a license, you have to read that license and comply with all it's conditions or negotiate with the copyright holder for different conditions.
I hate all of this red tape.
No creative likes red tape but on the other hand, if/when you start making things for which there is a demand, that red tape is what will enable you to make money/a living from it!
G
