Music legal question - Page 2 at DVinfo.net

Go Back   DV Info Net > Special Interest Areas > Techniques for Independent Production

Techniques for Independent Production
The challenges of creating Digital Cinema and other narrative forms.


Reply
 
Thread Tools Search this Thread
Old December 27th, 2005, 09:38 AM   #16
MPS Digital Studios
 
Join Date: Apr 2003
Location: Palm Beach County, Florida
Posts: 8,531
Quote:
Originally Posted by Steve House
Why wait? What will you do if you have a duplication and distribution deal all set up and they choose to say "no?" Your dream will be toast.
They'll sue me, and if I had a distribution deal, they'd want permission or another song. Besides, it's a short film and it will be self-distributed.

Though this isn't the same as what was asked earlier, those of you indie filmmakers like me 6 years ago should note this...Do NOT have any songs that aren't original in mind for your film. Unless you have a big budget, you won't get them. And it'll break your heart. Trust me! I couldn't get some songs, and it stunk.

Also, don't edit with any copyrighted music, even if only temporarly--you'll be disappointed.

heath
__________________
My Final Cut Pro X blog
Heath McKnight is offline   Reply With Quote
Old December 27th, 2005, 09:47 AM   #17
Major Player
 
Join Date: Nov 2004
Location: Venice, FL
Posts: 850
Quote:
Originally Posted by Heath McKnight
Also, don't edit with any copyrighted music, even if only temporarly--you'll be disappointed.

heath
Walter Murch would disagree, but then again, he is using it only until the composer writes the real thing or the music director chooses the final songs. He is not replacing commercial music with homemade or production music.
__________________
You are either growing or dying.
Bob Costa is offline   Reply With Quote
Old December 27th, 2005, 09:59 AM   #18
MPS Digital Studios
 
Join Date: Apr 2003
Location: Palm Beach County, Florida
Posts: 8,531
Trust me on this one, and I include myself in this, but most of my students and friends and others (and, again, me) use, say, something by Weezer or someone for a long time while cutting. And we fall in love with it, and begin pursuing the rights. I'm talking about the lower-budgeted filmmakers. It happens a lot more than you realize.

I'm trying to save filmmakers a lot of grief, because the disappointment is huge. "It makes the film, I have to get it." "What's your budget?" "Umm..." "Sorry, we can't do it." (cue sobbing)

heath
__________________
My Final Cut Pro X blog
Heath McKnight is offline   Reply With Quote
Old December 27th, 2005, 01:10 PM   #19
Regular Crew
 
Join Date: May 2005
Location: Madison, WI
Posts: 170
In our case we had already accepted the fact that we'd have to use original music for the "score", but what snook up on us was the non-original music that was in the archive footage.

At first glance I didn't even think about it because it was a band playing a cover of a published song on a VHS tape from like 10 years ago, but I thought I'd post a question here just to gather some opinions. After reading the various suggested articles, it seemed like a no-brainer that we would be violating someone's rights by using the material as-is. The story about the rocky-theme-song-cellphone-ring really put the fear of God (or would that be Elecktra records?) into me.

We then went through the "but it makes the film", sobbing, etc. stage with the added difficulty that it was literally impossible to re-shoot the footage without these copyrighted songs intertwined, so they had to be cut.

But like I said before the result was a net gain, so evil as they may seem, maybe the restrictions placed on us by copyright law forces us to become better artists...

I mean, isn't it about time we all learned to write music and play a few instruments...?
__________________
Jason J. Gullickson
Producer
the second society
http://2soc.net
Jason J. Gullickson is offline   Reply With Quote
Old December 27th, 2005, 01:35 PM   #20
MPS Digital Studios
 
Join Date: Apr 2003
Location: Palm Beach County, Florida
Posts: 8,531
Quote:
Originally Posted by Jason J. Gullickson
I mean, isn't it about time we all learned to write music and play a few instruments...?
That's why there's Soundtrack, Garageband, and the PC flavors.

heath
__________________
My Final Cut Pro X blog
Heath McKnight is offline   Reply With Quote
Old February 24th, 2006, 02:56 PM   #21
Trustee
 
Join Date: May 2005
Location: Saint Cloud, Florida
Posts: 1,043
Indie films warrant indie music IMO. Unless you DO have and WANT to utilize your budget for published music, it's the only way to go. I go to a website called collectiveunderground.com. It is a local band site for Arizona. Once in a while I'll make a post directing bands to my website and to a few forms for them to request an agreement. So far I have contracts for 8 unsigned bands, each contract includes 3 songs for unlimited use in my productions. The contract includes a clause where if I do end up making profits, the band can negotiate royalties. Otherwise the music is mine to use -indefinitely, free. So I have 24 songs currently in my pool of "worry-free" songs. Many are just as good as multi-million dollar bands.

my $.02
__________________
www.facebook.com/projectspecto
Marco Wagner is offline   Reply With Quote
Old February 24th, 2006, 08:30 PM   #22
Major Player
 
Join Date: Apr 2002
Location: Lewisburg PA
Posts: 752
You might find the following document of interest:

http://www.centerforsocialmedia.org/...tpractices.pdf

It's on best practices for fair use in documentary film making was produced with the advise of an impressive bunch of lawyers. It makes the argument that incidental reproduction of music in certian circumstances (but not all) falls under fair use.
Peter Wiley is offline   Reply With Quote
Old March 20th, 2006, 10:26 AM   #23
Regular Crew
 
Join Date: Feb 2006
Location: atlanta gA
Posts: 29
peter interesting read
Charles Marshall is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

B&H Photo Video
(866) 521-7381
New York, NY

Z.G.C.
(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > Special Interest Areas > Techniques for Independent Production

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



Google
 

All times are GMT -6. The time now is 02:28 AM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2017 The Digital Video Information Network