Legal issues producing DVDs(my film) with various music?

[4rotor]

Dearest all,

I have just completed a DVD of some motor car racing, in the background I have included music from various artists (direct from CD). We would like to sell these to the public - how do I find out about the legal side of it all?

Also - do I have to print "G" for General Viewing on the cover? is this country specific?

Thanks in advance.

Glenn

[BJ_M]

on the G part - no , its optional on disks like yours ...


as for the music -- i hope you have LOTS of money .... without the rights you will get your *ss sued off for a LOT MORE money ...

remember "WKRP in cincinati" - wonder why all the reruns of it have ALL the original great 80's music no stripped from it? because it would have cost between 25,000$ - $ 50,000 to re-lic the rights (when they ran out in 98 or 99) per episode.


You can read a lot of really good info about this on this web site -- http://www.ivanhoffman.com/ this guy is highly respected for his work in this area ..

[4rotor]

Hi there, thanks for the reply.

Any ideas how much it is to be able to use the music legally? - I don't think we will sell more than 200 DVD's.

Is it just a case of asking permission? or would that be all to easy?

[4rotor]

Hmmm,

Just skipping through that website link (thanks again) and found a reference to using artists music and it does say I need permission (where do I get it? the record company?).

I'm going to keep reading.

[BJ_M]

i really advise against it and use royality free music instead (music rights costs us a TON of money)

some more info http://www.musicpeople.net/producer.htm

you can get lic rights and info here www.ascap.com

i can't remember the exact page as everytime i go to thier web site it locks up explorer for some odd reason on this machine .. i think it was www.ascap.com/filmtv/faq.html that is the page you should go to first ..

in canada its www.cmrra.ca

[4rotor]

Thanks very much for that.

Found another great site with good info. :

http://www.aeolian.co.uk/kites/features/music.html

[BJ_M]

Found a great site with good info. :

http://www.aeolian.co.uk/kites/features/music.html

thats good-- but remember -- each country has different rules and that doesnt mean if you have permission in one country thats its good for another ..

[housepig]

check this site - http://www.freeplaymusic.com/

royalty free music in various styles, and freely downloadable.

[hech54]

There IS a bright side....if you were to re-record them yourself with your own band....all you'd need to do is list the original artist as the songwriter....as long as you give credit where cerdit is due....nothing they can do about it.

[MOVIEGEEK]

There IS a bright side....if you were to re-record them yourself with your own band....all you'd need to do is list the original artist as the songwriter....as long as you give credit where cerdit is due....nothing they can do about it.

You still need permission from the songwriter or label if you are making a profit,if you play the song in front of your school,church,etc. then you don't.

www.freeplaymusic.com =

[hech54]

Not so:
I once informed a friend of mine who was REALLY big in the 80's as a recording artist that one of his songs was "covered" by a guy in Hawaii. The song was on his CD for sale on his website. Thinking my friend MUST have known about it....I mentioned it to him in passing and his reply was that "once a song is out there it is fair game....as long as my name is listed as the songwriter on the CD....he does not need to notify me or ask permission"
Weird but true....

[DaveS]

fwiw, if it's true that if you have a (non-ascap, etc.) cover band playing the music then you don't need to license it, then you may be able to find cover versions out on the internet...some bands have sites and put their songs out there as demos - some a quite good and you really can't tell the difference - I used on for one of my own slide shows...just google search for the name of your title and see if it comes up on any legal sites (e.g. bands w/ their own cover)...this is probably the exception rather than the rule but I thought I'd throw it out there

[BJ_M]

There IS a bright side....if you were to re-record them yourself with your own band....all you'd need to do is list the original artist as the songwriter....as long as you give credit where cerdit is due....nothing they can do about it.

You still need permission from the songwriter or label if you are making a profit,if you play the song in front of your school,church,etc. then you don't.

www.freeplaymusic.com = :thumbs_up: :thumbs_up:

schools have to pay ... each school board pays a (ussually) lump sum copywrite fee per year

[hififan]

Whoe Nellie!!!


First off--you do not need the permission of the composer to perform a song. You do need a license from the publisher. The publisher cannot deny the license. There is a license fee and you pre-pay for a specific number of copies that will be distributed.

Next--there are different types of licenses--your license falls under soundtrack/compilation. There is no set fee for this type of license. The publisher will never decline your request--however, and enhanced roylaty and license fee is permissable.

If you hire a cover band to perform the songs--The wonderful Sound Alikes must license each song for performance. The performance fee is seperate from the soundtrack license fee.

If you desire to use the original artists--first secure the permission of the publisher. Then contact the record label, if the label gives the green light, in some cases the band will have a final say.

As for bands that perform songs in bars or night clubs--that club has purchased from BMI and ASCAP a cabaret license. This license allows your neighborhood bar bands to play all of the cover tunes.

I know that many bars do not purchase the license. If caught, you pay dearly.

You may find that the fees associated to acquire the music are not cost effective.

In 1994 I negotiated for a client the publishing license for a remake of "These Boots are made for Walking." The license fee was $250 plus a pre royalty payment of 7 cents per disc for 2000 units [sold or not].

The NBA licensed a song for a Sports Illustrated 30 miniute video promotional for subscribers--the synchronized mechanical license fee [fancy name for a soundtrack license] was $100,000 for the publsiher--money went to the publisher and composer and an additional $100,000 for the performance rights by the band.

Each mechanical license is unique and examined for profitability and saturation.

The best thing you can do is purchase a roylaty free compilation and redub your music tracks. Please hold onto the compilation. While royalty free music is royalty free--there is a fee for the production of the disc. Possession of the disc is your license. If you copy tracks off the internet, the composer/producer can sue you for copyright violations.

In purchasing royalty free music you are purchasing a license for unlimited use. The protection comes in owning the license/disc.

I have come across clients who decide to look the other way--If you steal the work of another--do not become upset when your work is stolen.

Yes I do practice law in New York.

Regards

John

[housepig]

"once a song is out there it is fair game....as long as my name is listed as the songwriter on the CD....he does not need to notify me or ask permission"
Weird but true....

they don't have to ask permission - they do have to pay royalties.