ASK & DISCUSS INDEX

9 years, 9 months ago - Kim Halliday

To begin with, I should declare my interest as a composer, and to acknowledge that it's almost impossible not to be influenced by everything you've heard and liked. But this comes up often on Shooting People, so I've got tupennyworth. While I sort of understand an emotional and artistic attachment to a piece of music, (I've had that "but I really like the guide-track" thing a lot of times, so I really do understand!) if I just took a bit of your film and stuck my music on it without asking, that would be a bit rude. If I cut your video around a bit, quoted your dialogue out of context or slightly changed a couple of words, rebuilt a set that you'd designed, stole your characters, or remade your film with some cosmetic changes, you'd be more than entitled to be annoyed, and you'd probably want to assert your ownership of the artistic work. And if you had a lawyer working for you who's job was exactly this, they'd get on it for you without asking!

9 years, 10 months ago - J Christopher Daley

I like ^ this answer. And the idea is to collaborate with a composer and music director - only just now I'm writing the script and using a few well known songs to come up with lyrics. A composer is probably the way to go at a later date.

9 years, 10 months ago - Dan Selakovich

What Paddy said. Both times! But listen, if you're just at the writing stage, I'd just make it the way you want it. If the songs are too expensive, you can change it to an original tune later. I think you're worrying about this way too early. If the script is great, and somebody wants to make it, the songs won't matter. If the script is good, but a producer isn't sure about it, the songs won't matter, but they might use them as an excuse to say 'no'. Paddy's right: there isn't a line. It's a big mucky gray area, and 3 measures of the original tune could get you sued. If it ever makes it as far as production (100k spec scripts written last year, and 62 were purchased. Probably 15 of those were produced), they'll deal with it then.

9 years, 10 months ago - Paddy Robinson-Griffin

You're trying to find "the line" over which you can/cannot step before getting sued. Nobody can answer definitively, so you're running the risk of litigation no matter what.

Changing the tune "a bit" might or might not be enough of a bit, however the costs associated with litigation are so huge that you cannot afford to defend no matter what, so may as well accept that you can't use it. Instead, how about asking one of the many brilliant composers on this site to write something suitable for you?

9 years, 10 months ago - Nick Cheel

On the core question (you're probably savvy already) - that copyright lyrics and tunes rack up fees independently - substituting original lyrics would cut out risk and overhead from that source ...

The principle underlying copyright is not, of course, to intimidate creative comment on cultural expression. Provided that you're clearly *alluding* to a melodic style, rather than trying to pass off a 'borrowed' tune as your own material (as can happen with sampling), collaboration to produce original pastiches shouldn't give you problems. Comedy variety on BBC radio often knocks about the chord sequences in a hit song for the purposes of hosting original-lyrical satire, while the reference-source remains recognisable. Should probably add that I've not done it yet though (!) ...

9 years, 10 months ago - Paddy Robinson-Griffin

The difference is that the BBC have lawyers who will make a call on whether or not they think it'll cross the elusive line or not - and then they have insurance, and they also have blanket agreements with publishers, and have huge bargaining power. If you are threatened with legal action, just fold, right or wrong, you cannot even start to come close to defending. Lawyers are not impartial, they work for whoever pays them and will often happily creatively misrepresent a position - and going to court (which is neutral) means you really need your own, and deep pockets to match :-!

9 years, 10 months ago - Nick Cheel

Following on: for those generally interested in this topic (original composition/copyright infringement/licensing), there's an article published by PRS here - 'Inspiration or Infringement' (22 Sept 2015):
http://www.m-magazine.co.uk/creators/inspiration-or-infringement/?utm_source=PRS%20for%20Music&utm_medium=email&utm_campaign=6193368_September%20Newsletter%20-%20writer&utm_content=inspiration

9 years, 10 months ago - Paddy Robinson-Griffin

Heh heh, it's a huge tangle of rights, the easiest (ie cheapest) way is to just avoid any derivative work and make it all original. The clearances are a big deal, without them you may as well not make the film as you can't sell it (nobody will touch it). Be wary of writing yourself into a corner where you are tied to huge later costs!

If you want a script report upfront, allow upto a grand, it'll tell you what clearances you can and cannot get. Don't start filming without one!