ASK & DISCUSS INDEX

10 years, 6 months ago - Chelsey Burdon

Thanks for all the responses. I'm not against using something original and commissioning a composer for it, it's just that this particular song, and what it represents seems so perfect. But I'm sure that's the kind of quandary directors often face.
I may however still consider approaching the rights holder, it may be worth enquiring what kind of price if looking at for this.
Anyone dealt with that before?

10 years, 6 months ago - Matt Jamie

I'd agree that it's not worth the risk - better to get the permissions or use something original. Having said that, people seem to get away witth it. Check this film in this months film of the month which seems to have been shown at a tonne of festivals and features clips from a number of tracks playing on the radio, including very recognisable sections of Jeff Buckley "Hallelujah", and over 2 minutes of Abba "SOS" which also plays over the end credits, along with several other smaller clips of other songs: there are no music credits referring to them or to any permissions - would be interesting to ask the producer of this whether (or how) they were licensed: https://shootingpeople.org/watch/128753/the-tits-on-an-eighteen-year-old

10 years, 6 months ago - Kieron Clark

This useful link may be a useful link: http://www.bbc.co.uk/filmnetwork/filmmaking/guide/before-you-start/music-rights

10 years, 6 months ago - Alève Mine

Good you're asking before shooting. I shot first, and now am in a web of entanglement trying to clear the rights where each organisations sending me to other organisations or send me a form for something we don't intend etc. And if you want a licence, there is the question of territory. So I'm currently making a version of the interview with, from the live gig, only sounds where no music is heard. Great for a music docu.

Btw I hear the putting video including music on Youtube would be ok because it has an own way of dealing with the rights, what do you guys say about that?

10 years, 6 months ago - Marlom Tander

Bit - typo for BOT , sry.

10 years, 6 months ago - Marlom Tander

YouTube - their position is simple, you must own all rights or have proof of licence.

That said, many (but by no means all) audio rights holders (songs) will flag vids but allow them to stay up because YT then ensures that they get any ad revenue. Not sure if their system also analyses video.

But some rights holders will block certain territories, and others will issue takedowns.

I did lots of community gig filming (before i knew all this) and soon adopted a simple "no covers" rule. Except for classical music, where many rights holders for 20th C composers seem happy to agree to YT - YT sound is so poor that I think they consider that it expands the audience, who will then go to concerts and buy decent WAVs. But in pop, young people today seem to have no idea what they are missing when they use YT as their record collection.

As far as i can see there's no way to tell what any particular rights holder will do.

And docus on YT DO NOT get the "incidental" protection afforded in law - bit says breach, YT treats as breach. (Which they are allowed to do. The law allows you to host and publish, but doesn't oblige anyone else to do so for you).

Cheers

10 years, 6 months ago - Alève Mine

to send singular :)

10 years, 6 months ago - Paddy Robinson-Griffin

I know a director who had a particular track in mind, only that track would do, not the commissioned score, not production music but this one track, and he cut the scene to it. Her was right, it works really well and looks great - but it cost him £30k to get the rights cleared. A lot of money, especially considering how many people had worked at below scale because cash was tight... Sure this was extra money raised, but it still stings a bit.

Don't paint yourself into a corner with this musical track, if you can't afford it, you can't afford it, and it's unlikely to be under 4 figures to be worth their while doing the paperwork.

10 years, 6 months ago - Alève Mine

(each +singular)

10 years, 6 months ago - Alève Mine

Marlom, thanks, I didn't get the following, please elaborate, thanks:
"And docus on YT DO NOT get the "incidental" protection afforded in law - bit says breach, YT treats as breach. (Which they are allowed to do. The law allows you to host and publish, but doesn't oblige anyone else to do so for you)."

Chelsey, so I guess you'd best write a song for your thing yourself (no other person).

10 years, 6 months ago - Alève Mine

Dealing with it as we speak!

10 years, 6 months ago - Adrian Williams

Yes, even though it is a cover version, I believe you would still need to get permission from the composition owner/copyright holder (usually the publisher as stated above).

10 years, 6 months ago - Paddy Robinson-Griffin

Music rights come in 2 parts, performance and publishing. Cover versions still need to pay their dues to the publisher. Bass and guitar is probably an issue as it's the topline that's often protected, and that may be what the guitar is seeking out. It may be (as with the current Gaye vs Thicke/Pharrell case) that there are reasons you can technically use it and be OK, however unless you want to defend a court case it's academic - someone who thinks they might want you to stop will just threaten, and you will. Why expose yourself to that? May as well just use your own creativity (or commission someone else's).