Permission for use of artist concert

[Sebastian Alvarez]

About two years ago I did a volunteer job for the Red Cross recording a concert they had organized at a local venue with different artists, one of which was Bo Bice. I kept the footage and I would like to put that up on my website for promotional purposes. I do have a release signed by the director of the Red Cross chapter I did this for, but probably I would need a release from Bo Bice's representation, is that correct? Or is the Red Cross release good enough?

[Wendy Marberry]

You really ought to do a little research into music clearance rights because Bo is the least of the people you need to get permission from. Unless all of the music was his own and he was the publisher (unlikely).

Doesn't matter if it's for promotional purposes or not (although that might mattter to the rights holders).

[Steve House]

As Wendy says ... but as an adeendum, releases such as you have from the Red Cross can't be made on behalf of a third party (except in the unlikely event that the Red Cross held Brice's power of attorney). So any clearance to use his image must come from Brice himself. But that DOES NOT clear the use of the music recording ... that's a totally separate set of licenses and Brice cannot give permission to use it on behalf of the owners of the copyright to the words and melody he performed.

[Sebastian Alvarez]

Originally Posted by Steve House

As Wendy says ... but as an adeendum, releases such as you have from the Red Cross can't be made on behalf of a third party (except in the unlikely event that the Red Cross held Brice's power of attorney). So any clearance to use his image must come from Brice himself. But that DOES NOT clear the use of the music recording ... that's a totally separate set of licenses and Brice cannot give permission to use it on behalf of the owners of the copyright to the words and melody he performed.

Well, I believe that most of the songs were composed by him. But other than try to contact his representation, who else would I contact about it?

[Chris Medico]

You need to contact the artist directly.

OR

If you know who the are represented by you could contact that person or organization.

Your choices are limited to those options in my opinion. A third party such as the event organizer won't be able to help you other than maybe give you the contact info for the artist.

[Wendy Marberry]

Originally Posted by Sebastian Alvarez

Well, I believe that most of the songs were composed by him. But other than try to contact his representation, who else would I contact about it?

The composer(s) of the songs is one rights holder and there is probably a publisher as well you'd need to get permission from.

There are companies who will do this research for you (google music clearance) but for your purposes, that's probably cost prohibitive. You can do it yourself if you know what you're doing, but from what you've posted so far, it's clear that you do not. Do you even know what types of licenses you are going to need to ask for? You should really do a little research because if you don't sound like you know what you're talking about I don't think you're going to get a very friendly reply.

Music and the rights thereof is a money making business. What are you prepared to pay for the use of these songs? Do you think you should get to use them for free? Maybe the fact that you did a goodwill gesture for the Red Cross would be enough to convince them to go along with this but I think your odds would have been significantly better at the time of the event. I doubt you're going to get some very busy and well paid attorneys to give you the time of day, two years later, for free.

[Steve House]

Originally Posted by Sebastian Alvarez

Well, I believe that most of the songs were composed by him. But other than try to contact his representation, who else would I contact about it?

Start by researching the song titles on the ASCAP and Harry Fox Agency databases. Not everything is there but they're pretty comprehensive sources. That will likely tell you who wrote and published the music.

[Paul R Johnson]

If this was the UK - I'd advise some caution before you contact anyone. What you probably have is in effect, a bootleg recording. If the Red Cross - who should have known better - said you could, or instructed you, to record the performance, then you may have accidentally crossed quite a few lines. You have the recording, but probably no permission of any kind to do anything with it. You're in the same position as the members of the audience who record people like Beyonce, with their iphones, then post them on youtube, where just a few hours later, they get taken down at the request of ms B Knowles.

It's perfectly possible you may get permission if you ask - but just prepare yourself for not just a no - but a formal instruction to do absolutely nothing at all with it.

EDIT

The fact the Red Cross did this does make me smile because this year, in the UK - the Red Cross banned the use of red crosses on medical insignia in theatre performances. For those familiar with the rather British concept of Pantomime - a common figure is the nurse - usually a comic character, often played by a man. Nurses uniforms of the type worn by these characters always had a red cross - to signify the medical connection - normally on an old fashioned white apron, with the red cross on the front. Last Christmas, the Red Cross contacted theatres in the UK advising them that an use of the Red Cross contravened the Geneva Convention, and under no circumstances must the red cross be used in a non-emergency situation. The red cross is indeed protected by this convention, but use in pantomime, and indeed on fancy dress nurses uniforms had been commonplace for many years. So now we have costumes with blue crosses. So the Red Cross firmly police their own copyright, but don't worry about other people's?

[Sebastian Alvarez]

Originally Posted by Paul R Johnson

If this was the UK - I'd advise some caution before you contact anyone. What you probably have is in effect, a bootleg recording. If the Red Cross - who should have known better - said you could, or instructed you, to record the performance, then you may have accidentally crossed quite a few lines. You have the recording, but probably no permission of any kind to do anything with it. You're in the same position as the members of the audience who record people like Beyonce, with their iphones, then post them on youtube, where just a few hours later, they get taken down at the request of ms B Knowles.

Oh, this was in the US. I guess you could probably call it bootleg. That's why I never uploaded it to YouTube or similar places, I knew it would be a problem. That's why I would like to get permission from him or whoever owns the copyright to use it as part of my reel. However, it was recorded with the Red Cross' permission, which in turn had gotten permission from the representation of the artists.

Of course if they demand payment for using that footage on my website I would have to pass. Not because I don't think it's not worth the money, but because I don't have any.

[Chris Sgaraglino]

If you are serious about getting the sync license, use Welcome to ASCAP. The worldwide leader in performance royalties, service and advocacy for songwriters, composers and music publishers. like mentioned above. All the information you need is right there.

For instance, if you are seeking:
Those Were the Days - I would start with:

BLUE IRON GATE MUSIC
C/O EMI APRIL MUSIC INC
C/O EMI MUSIC PUBLISHING ATTN: AUDREY ASHBY
75 9TH AVE FL 4
NEW YORK, NY, 10011
Tel. (212) 492-1200
Email: COPYRIGHTADMIN@EMIMUSICPUB.COM

But also, like mentioned above - be prepared to shell out some cash!