Using a Mozart song in my independent film. at DVinfo.net

Michael Matyi · January 14th, 2006, 05:39 PM

If I were to use a small part of Symphony No. 40, 1st Movement by Wolfgang Mozart in my film who would I contact for permission/royalty information? I would assume that it would be royalty-free as it is classical music and obviously the composer is long dead, but I want to make sure. Thanks all.

Bill Binder · January 14th, 2006, 05:53 PM

I'm no lawyer, so don't rely on me, but...

You're probably fine just as long as you aren't using someone else's recording of the song. If you record it yourself, and the performers playing signed a "work for hire" contract with you, or if whoever has the rights to the recording gave you a sync license to use the recording, then you're probably good to go. But the point is, there are rights in the song itself, in the performers on the recording, and in the recording itself -- any or all of which may or may not still retain some rights. In this case, I think the composition is in the public domain, but that's only one piece of the puzzle. Also, sometimes a specific arrangement of the piece can be copyrighted I believe, which is another thing to watch out for.

Emre Safak · January 14th, 2006, 05:53 PM

If you obtained it on a CD, the copyright belongs to the recording company.

Douglas Spotted Eagle · January 14th, 2006, 07:36 PM

Quote:

Originally Posted by Emre Safak

If you obtained it on a CD, the copyright belongs to the recording company.

Regardless of where you got it, the copyright belongs to either the performers or to the producer, or publisher, or all three.
Public Domain works are only royalty free if you perform them yourself. If you can't, then you get a song that is a PD song, but the performer holds royalty.

Steve House · January 15th, 2006, 06:56 AM

Take a look at the Magnatune website ... www.magnatune.com. They have library of well performed music that can be licensed for very reasonable rates. I noticed a fair amount of Mozart in their classical section - I didn't see the 40th listed explicity but there were a couple of his orchestral work compilations that I didn't look through. You can listen to their entire library free online.

Rodney Compton · January 15th, 2006, 07:12 AM

Hi Steve

Thanks Steve, I've been listening to magnatune on computer radio for some time, but did not link them up with film music production and licensing.

Absolutely brilliant...

Rodney Compton

UK

January 14th, 2006, 05:39 PM	#1
Michael Matyi Tourist Join Date: Nov 2005 Posts: 3	Using a Mozart song in my independent film. If I were to use a small part of Symphony No. 40, 1st Movement by Wolfgang Mozart in my film who would I contact for permission/royalty information? I would assume that it would be royalty-free as it is classical music and obviously the composer is long dead, but I want to make sure. Thanks all.

January 15th, 2006, 06:56 AM	#5
Steve House Inner Circle Join Date: Mar 2005 Location: Hamilton, Ontario, Canada Posts: 5,742	Take a look at the Magnatune website ... www.magnatune.com. They have library of well performed music that can be licensed for very reasonable rates. I noticed a fair amount of Mozart in their classical section - I didn't see the 40th listed explicity but there were a couple of his orchestral work compilations that I didn't look through. You can listen to their entire library free online. __________________ Good news, Cousins! This week's chocolate ration is 15 grams!

January 15th, 2006, 07:12 AM	#6
Rodney Compton Regular Crew Join Date: Jan 2006 Location: London Posts: 90	magnatune Hi Steve Thanks Steve, I've been listening to magnatune on computer radio for some time, but did not link them up with film music production and licensing. Absolutely brilliant... Rodney Compton UK

January 14th, 2006, 05:53 PM	#2
Bill Binder Major Player Join Date: Jun 2005 Location: San Francisco Posts: 542	I'm no lawyer, so don't rely on me, but... You're probably fine just as long as you aren't using someone else's recording of the song. If you record it yourself, and the performers playing signed a "work for hire" contract with you, or if whoever has the rights to the recording gave you a sync license to use the recording, then you're probably good to go. But the point is, there are rights in the song itself, in the performers on the recording, and in the recording itself -- any or all of which may or may not still retain some rights. In this case, I think the composition is in the public domain, but that's only one piece of the puzzle. Also, sometimes a specific arrangement of the piece can be copyrighted I believe, which is another thing to watch out for.

January 14th, 2006, 05:53 PM	#3
Emre Safak Trustee Join Date: Feb 2004 Location: Brookline, MA Posts: 1,447	If you obtained it on a CD, the copyright belongs to the recording company.