ASK & DISCUSS INDEX

8 years, 10 months ago - Paddy Robinson-Griffin

Hmmm - I doubt it - it's not like you couldn't have ommitted it if you tried, and you made a deliberate choice to include the clip that sang 'Halloween' whilst titling it 'Halloween' - hardly circumstantial.

8 years, 10 months ago - Reality Check

I was worried about that :( I had actually come up with that name already and then when we filmed the parade, they played that song. It was a wonderful coincidence, but I'm worried it's going to cost a fortune.

8 years, 10 months ago - Dan Selakovich

I don't think it would be covered under Fair Use, but even if it is, that won't keep them from suing. Why not try and get permission? Explain your situation and that it's a short without wide distribution. You might be surprised.

8 years, 10 months ago - John Lubran

Whilst there might be a case to argue incidental sync sound within a factual documentary it's not going to wash with the gate keepers at any broadcasters.

The term 'fair usr' is not actually a legal term but a short cut expression used by some litigators as an alternative to actually deconstructing a great deal of specific circumstances that would affect a given event. Incidental anything that occurs in a wholly, or intended wholly factual production is 'fair use' except whet it's deemed 'exploititive'. such as when not synced with the parallel action of the actual event or for excessive duration or repeated use. In most liberal democracies freedom of reportage takes precidence but fear of litigation has built up wall of obstruction that mostly and excessively exceeds those freedoms. Using that recording out of sync or as bookends for the film would be too much though.

8 years, 10 months ago - Reality Check

I'm hoping the film will be picked up by BBC Northern Ireland or RTE in the Republic. Fairly sure i'm going to need clearances, I've just emailed Danny Elfmans reps (had bad experience with 'agents' in the past so I'm keeping fingers crossed) and also emailed Disney publishing just to be safe. I'm pretty certain I did this before a few years ago when I first started researching the film, but can't remember.

8 years, 10 months ago - Paddy Robinson-Griffin

If regional TV pick it up, it'll be for a local interest stand, and they pay in the region of £20k/30mins, tops. Now, you can get clearance for the clip, but it will cost you money. And you'll probably pay clearing fees on top of the licences too. Maybe you'll spend £2k getting rights cleared, just to use a clip that sounds like it's been recorded in a dustbin. Save yourself the bother, buy some library music for £50, and use that, enjoy the extra profit and not having to renew rights every few years. You can easily dub far crisper firework sounds over the footage too, make the title seen like a good thing, not something that's barely broadcastable

8 years, 10 months ago - Reality Check

I'm partially sighted and wouldn't be looking forward to dubbing and syncing new audio. It wouldn't be that difficult with the opening sequence because you don't see the fireworks for most of it, you just hear the song and sounds in the background, but the entire end credits is the fireworks display with the song. Syncing that and making it sound natural will not be fun :(

8 years, 10 months ago - Paddy Robinson-Griffin

Or you find another creative solution. Use the 1812 Overture for instance!