Elliott Smith Music rights. at DVinfo.net

Mike Horrigan · June 20th, 2007, 07:32 AM

Hi, I just have a question. Apparently there is a site that allows you to download Elliott Smith's music, his Father gave it the "OK" and said that he would want everyone to have his music. He wasn't apposed to Napster while he was alive. (That's not the site though.)

My question is this... can it be used in a short film? I'm guessing no and that it is an entirely different ball of wax. Is there a place to look this kind of thing up?

For those that don't know, Elliott Smith died a few years back from a stab wound to the chest. The case is still open. Possible suicide... maybe not.

Who knows.

http://en.wikipedia.org/wiki/Elliott_Smith

Thanks,

Mike

Nick Hiltgen · June 20th, 2007, 11:19 PM

I think the real problem is that he died and unfortunately there is someone out there who feels like they are intitled to money on his behalf. Most likely this is a music distribution company, however if you cna dig up the person who currently owns the rights to the song you want to use, you may be able to finagle permission.

George Ellis · June 21st, 2007, 07:00 AM

What Nick said. I just looked at BMI

SMITH STEVEN PAUL
Current Affiliation: BMI CAE/IPI #: 248541458

All of his songs appear to be registered. For example, Baby Britain is BMG and Spent Bullets Music as the publishers. You must get permission from BOTH of them and will most likely pay a licensing fee to each for sync rights. For the recording itself, you will need to pay Master Use if it is a version from a recording studio (Dreamworks/Polydor) unless someone else performs it (and you get full permission).

Sorry, in the legal world, his dad does not have the authority to say you can use it.

BUT, you can get permission. It just takes time and effort. I think BMG now has an easier site for doing requests. So, look up which song you are using at BMI, contact the publishers (check for a web site with licensing requests first as it may be a little streamlined), and then also contact the recording studio in a similar fashion. KEEP A COPY OF THIS PAPERWORK! You will need it to enter film festivals, etc. at a later date IIRC.

Mike Horrigan · June 21st, 2007, 07:08 AM

Thanks for the information guys! I figured as much...

Do you guys have any links for this stuff?

I'll try searching for BMI and BMG to see what I can come up with.

Cheers,

Mike

June 20th, 2007, 07:32 AM	#1
Mike Horrigan Major Player Join Date: Aug 2006 Location: Ottawa Canada Posts: 755	Elliott Smith Music rights. Hi, I just have a question. Apparently there is a site that allows you to download Elliott Smith's music, his Father gave it the "OK" and said that he would want everyone to have his music. He wasn't apposed to Napster while he was alive. (That's not the site though.) My question is this... can it be used in a short film? I'm guessing no and that it is an entirely different ball of wax. Is there a place to look this kind of thing up? For those that don't know, Elliott Smith died a few years back from a stab wound to the chest. The case is still open. Possible suicide... maybe not. Who knows. http://en.wikipedia.org/wiki/Elliott_Smith Thanks, Mike __________________ My short films... The Interview & Calls From The Führerbunker

June 20th, 2007, 11:19 PM	#2
Nick Hiltgen Trustee Join Date: May 2003 Location: Atlanta GA Posts: 1,427	I think the real problem is that he died and unfortunately there is someone out there who feels like they are intitled to money on his behalf. Most likely this is a music distribution company, however if you cna dig up the person who currently owns the rights to the song you want to use, you may be able to finagle permission. __________________ I have a dream that one day canon will release a 35mm ef to xl adapter and I'll have iris control and a 35mm dof of all my ef lenses, and it will be awesome...

June 21st, 2007, 07:08 AM	#4
Mike Horrigan Major Player Join Date: Aug 2006 Location: Ottawa Canada Posts: 755	Thanks for the information guys! I figured as much... Do you guys have any links for this stuff? I'll try searching for BMI and BMG to see what I can come up with. Cheers, Mike __________________ My short films... The Interview & Calls From The Führerbunker

June 21st, 2007, 07:00 AM	#3
George Ellis Trustee Join Date: Feb 2004 Location: Suwanee, GA Posts: 1,241	What Nick said. I just looked at BMI SMITH STEVEN PAUL Current Affiliation: BMI CAE/IPI #: 248541458 All of his songs appear to be registered. For example, Baby Britain is BMG and Spent Bullets Music as the publishers. You must get permission from BOTH of them and will most likely pay a licensing fee to each for sync rights. For the recording itself, you will need to pay Master Use if it is a version from a recording studio (Dreamworks/Polydor) unless someone else performs it (and you get full permission). Sorry, in the legal world, his dad does not have the authority to say you can use it. BUT, you can get permission. It just takes time and effort. I think BMG now has an easier site for doing requests. So, look up which song you are using at BMI, contact the publishers (check for a web site with licensing requests first as it may be a little streamlined), and then also contact the recording studio in a similar fashion. KEEP A COPY OF THIS PAPERWORK! You will need it to enter film festivals, etc. at a later date IIRC.