Acid Music question?

[Joseph W. Carney Jr]

Sorry if this does not go here but I am not sure where to post this.

I am 3/4 through the season of airing my first television show. I edit on Vegas and mix music on Acid. My show airs with a Fox Sports Net affiliate.

I have been submitting my cue sheet every week and was recently contacted by the Fox Net music dept. They were wondering why I had not put in the society or publishing company for my music and how could the composer be me.

I explained that I mix my own music via Sony Acid and I use purchased loops and my own recordings. She did not understand this looping software and maybe i should place the creator of the loops as the artist. Or if not, file my mixes with BMI or another society so i get paid for my music being used in my show. Which i do not understand since I am allowing myself to use my music.


Can anyone offer any info on what i should do or say to the music dept. Do I need to registar with a society and if so what do I do about a publisher. Or do I just fill the sheet out another way.

Thanks for the help

[Michael Wisniewski]

Best to contact a good media lawyer for your specific situation.

The network considers you an artist who has created an original work. They legally have to license your work in order to use it. A license gives them the right to use a piece of music in a specific way for a particular period of time.

Types of music licenses and it looks like they all may apply to you:
Synchronization - gives the right to use music in a synchronized or timed relationship to images
Performance - synchronized music that an audience can experience through a public medium: web, tv, film, video etc. The size of the audience affects your fee.
Mechanical - allows you to reproduce the music on different mediums: CD/DVD/VHS etc.

Do come back and tell us what you find out, it's a very interesting question.

[Matt Champagne]

In general a network like that is paying a set rate as a blanket license for any and all music that they are recieving from BMI, ASCAP, or SESAC. These societies will monitor, and then pay you based on how often your particular music plays (or rather they pay 80% thereof).

So basically, you should register and get a laywer to help you so you can get your piece of the pie....the network doesn't care and it isn't going to cost them a cent more than it already does, and it isn't going to cost you to use your own product (excpet the minor fees for registration).

[Michael Wisniewski]

Thanks Matt that's good stuff to know!

If you don't mind answering, how much did you end up paying to get it all setup? And who did you end up going with, and why?

[Joseph W. Carney Jr]

Thanks for the input,

Just like any large entity, it is taking a while. I have called and emailed BMI several times to talk with thier legal department. No response yet. I guess it will just take time.

As soon as i hear something I will chime in with more info.

thanks

[Matt Champagne]

indeed....just wait till you have to wait on your check...I think they pay quarterly or maybe even semianually....and usually 45days late.

[Steve House]

I've been reading this and it got me wondering if a single Acid loop would be considered a "composition" for copyright purposes? You can't copyright a single note like "B flat above middle C on an alto trumpet" because it is a musical element that must be strung together with a lot of other muscal elements to make up a recognizable composition. Much like a company's slogan can be a protected tradmark but the individual words within are not. If I write down a musical note alongside a bunch of other notes, I'm creating (in my case a terrible) composition. It stands to reason that if I string together a bunch of recorded musical elements to create a similar finished work I also creating a new composition, just using a different medium to record the work other than music paper and a pen. Does it make a difference that I am stringing together recorded notes and rhythm patterns in a computer file instead of stringing ink dots accross a piece of paper?

[Michael Wisniewski]

Yes a single loop is a composition. And yes, single loops are already copyrighted before you've purchased them. The key to and beauty of Acid Loops are the words: Original and Royalty Free.

If you combine loops or manipulate a single loop, it's generally considered an original work, though you may find differing legal opinions depending on who you're talking to.

Good google search words: Copyright, Fair Use, Creative Commons

[Yi Fong Yu]

YES, Joe, let us know what's going on. i'd like to know what the final outcome of this case is =).

[Joseph W. Carney Jr]

OK,
so far i have been talking back and forth with BMI and there is no cost to register. So that is a plus. Another positive is that the contract is only 3 pages long. Not just for the ease of contractual fine print and BS, but also my attention span.

Basically I just have to send in a copy of the music I make for each show and Fox pays BMI and I get a royalty check after it is processed. SWEEET!

So all in all everything is good so far. But Fox Sports Net is still not keen on me using ACID. I think it is due to them not understanding the idea of the software.

I will keep everybody up to date on any new issues that arise.

And incase anybody would like to see the show. It is called Offshore Hunters and it airs on the Sunshine or (Sun Sport) Network Sunday at 6pm eastern time. Our 12th show is airing and there is only one more after.

If you are out of the state of Florida you will need either Direct TV or the Fox Sports package to recieve it.

The show is shot with a DVX 100a and edited on Vegas, Voice over is done in Sound Forge and Music mixed in Acid. Although a couple of above water shots are done with a sony since my second DVX is being fixed right now.

Also the show is produced with three people. Only one of us "me" has any production experience. My co-host and co-writer is an electrical engineer and my business partner is a law student.


Warning: The show is based around Freedive spearfishing, so if anyone does not believe in this type of activities or has any ties with PETA please be warned.

thanks

[Joseph W. Carney Jr]

Oh yeah, the website is www.offshorehunters.com

[Dennis Vogel]

I'm shocked the Fox music department had never heard of Acid or loops? I mean, it's not like they were invented yesterday. I hope you helped educate them.

Good luck.

Dennis