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What is the legal situation having an actor sing (unaccompanied by music) a copyright song?

9 years, 10 months ago - J Christopher Daley

We all have difficulty navigating the murky water of music use in film. Here is a hard one.

I want my cast to sing some well known songs. One actor will sing the main melody and the rest of the cast will accompany them acapella (voices only). Is this an infringement of copyright?

I saw a film the other day called 'Sound of my Voice', where Brit Marling sang an acapella version of the Cranberries 'Dreams'. I'm assuming, given that it was a low budget film, that they never bought the rights to perform the song.

What's the deal here?

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9 years, 10 months ago - Rowena Meddeman

I think you may need a 'mechanical license'. Here's some more info http://www.makeitinmusic.com/licence-cover-song/

Response from 9 years, 10 months ago - Rowena Meddeman SHOW

9 years, 10 months ago - Marlom Tander

OTOH in today's news, you can now do one song to the tune of another to your hearts content, so long as the words are those to Happy Birthday and the tune is one of your own devising :-)

Response from 9 years, 10 months ago - Marlom Tander SHOW

9 years, 10 months ago - Dan Selakovich

You still have to pay for publishing rights. Just because you're not using a recording (a needle drop), there is a person out there who wrote the song who still needs to get paid. That said, it won't be as expensive as a needle drop because there are more people (usually) involved. If that were the case, you'd have to pay the needle drop and the publishing fee. For example, if you were going to use Joe Cocker's version of "With a little Help from my Friends" you'd have to pay for Cocker's recording and Lennon and Mccartney's publishing rights. If it's a popular song, the publishing rights for a film can still be very expensive. Also, if it's a feature, you're probably not going to get a deal, now matter your budget. Music licensing can be very expensive. If it's a short and ONLY to be shown at festivals, you may be able to get a "festival exemption" and get the rights for free.

You need to contact the licensing company. It's a good bet that it's BMI or ASCAP if it's an American song. They are the largest in the world. Start there. Tell them the situation. I'm not sure that this would be considered "mechanical rights", though, unless you were releasing a soundtrack of the film, and this song was on that soundtrack. Certainly "sync rights".

Response from 9 years, 10 months ago - Dan Selakovich SHOW

9 years, 10 months ago - Marlom Tander

Read this, you may need to consult a lawyer as it's clearly more complex than most people would like. http://killorcure.co.uk/how-to-release-cover-songs-the-law-licensing-cost/ - note that this is about the recording, not whether or not you need anything else for it to be in a film!

Response from 9 years, 10 months ago - Marlom Tander SHOW

9 years, 10 months ago - Nick Cheel

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

Response from 9 years, 10 months ago - Nick Cheel SHOW

9 years, 10 months ago - J Christopher Daley

Thanks everyone. I have posted a slightly different question this morning regarding singing the tune of a song with different lyrics. I'd be keen to know your thoughts on this.

https://shootingpeople.org/ask/view/e04c71af169473da493882aa

Chris

Response from 9 years, 10 months ago - J Christopher Daley SHOW

9 years, 10 months ago - John Heffernan

Hi,
As your looking to licence the lyrics and tune of a song for you to perform rather than the actual sound (ie from a cd etc) you'll need to liaise with whoever manages the copyright rather than the master rights. In UK both most likely would be administered by PRS (performing rights society) or ASCAP or BMI in US.
www.prsformusic.com would explain all and you can probably do it all online.
Cheers, John

Response from 9 years, 10 months ago - John Heffernan SHOW