music rights (AGAIN) at DVinfo.net

Stuart Campbell · November 21st, 2007, 06:44 AM

Where or whom or which organisation can I speak to to obtain advice.

Shot a film to a piece of music. Universal want too much so we are now looking at an alternative. For example, would a cover version, played by different artist be cheaper, who would licence that etc etc?

If a privately hired performer playing the same bit of music be ok? How would we obtain rights to transmit that?

Any help would be appreciated
TA

Gerry Gallegos · November 21st, 2007, 07:20 AM

Well... a cover band is still using the copyrighted song, and therefore is still protected under copyright. the melody and lyrics are usually protected individually, thats why in a lot of commercials you hear sound alike songs, but not the actual melodies. so sadly to say that a local artist can legally play someone else's song live, they cannot reproduce and re-distribute that song with out permission from the copyright holder, think of all the lawsuits over the last 20 years involving even 5 to 10 second clips from other songs (Rap Hip/Hop). contact some one at either ASCAP or BMI, these are the two biggest copyright institutions. I am sure they can explain it better than me.

Steve House · November 21st, 2007, 07:35 AM

And to add a note, research the clearances you need and obtain the licenses for the music you want to use BEFORE shooting the video to avoid this issue in the future. There are actually two licenses involved with using music off of a commercial CD - one is the copyright on the recording itself which requires a master use license from the owner of that copyright and the other is the copyright on the music per se, melody and lyrics, owned by the music publisher, the use of which is licensed with a sync license allowing you to juxtapose their nusic to your video. Making your own recording removes the first hurdle but you still have to cover the second.

November 21st, 2007, 06:44 AM	#1
Stuart Campbell Major Player Join Date: Nov 2006 Location: Hannover, Germany Posts: 400	music rights (AGAIN) Where or whom or which organisation can I speak to to obtain advice. Shot a film to a piece of music. Universal want too much so we are now looking at an alternative. For example, would a cover version, played by different artist be cheaper, who would licence that etc etc? If a privately hired performer playing the same bit of music be ok? How would we obtain rights to transmit that? Any help would be appreciated TA

November 21st, 2007, 07:20 AM	#2
Gerry Gallegos Major Player Join Date: Oct 2007 Location: Houston, Texas Posts: 262	copyrights. Well... a cover band is still using the copyrighted song, and therefore is still protected under copyright. the melody and lyrics are usually protected individually, thats why in a lot of commercials you hear sound alike songs, but not the actual melodies. so sadly to say that a local artist can legally play someone else's song live, they cannot reproduce and re-distribute that song with out permission from the copyright holder, think of all the lawsuits over the last 20 years involving even 5 to 10 second clips from other songs (Rap Hip/Hop). contact some one at either ASCAP or BMI, these are the two biggest copyright institutions. I am sure they can explain it better than me.

November 21st, 2007, 07:35 AM	#3
Steve House Inner Circle Join Date: Mar 2005 Location: Hamilton, Ontario, Canada Posts: 5,742	And to add a note, research the clearances you need and obtain the licenses for the music you want to use BEFORE shooting the video to avoid this issue in the future. There are actually two licenses involved with using music off of a commercial CD - one is the copyright on the recording itself which requires a master use license from the owner of that copyright and the other is the copyright on the music per se, melody and lyrics, owned by the music publisher, the use of which is licensed with a sync license allowing you to juxtapose their nusic to your video. Making your own recording removes the first hurdle but you still have to cover the second. __________________ Good news, Cousins! This week's chocolate ration is 15 grams!