copyright

[talisac]

does anyone know exaclty ewhat is the law on copyrighted music if your putting it on a film which will in no way make you any profit, cos i bin gettin different opinions, anyone got an idea?

[MonkeyVideoProductions]

As far as I know (For films that will make money), so long as you say in the credits that you have '<song> by <band>'.

This seems sensible because otherwise most of the films I have watched would be breaking the law.

Some films just have the artist names, but it is sensible to include the track name. With one of the no-profit films that I help produce, (and is produced under my company name) we only included the artist names.

Some films include the producer company for the track, and what album it is off (if any) but they aren't essential.

So basicaly in your credits have for example
'Wake Up' by 'Rage Against The Machine'

and you should be fine. Even though your film wont be making any money, it is safer to put the names in, so that nobody can question whether you purchesd a licence for the music that you use.

[titaniumdoughnut]

unless the song or music is 100% Royalty Free AND/OR you have the license agreement for it you are in direct violation of international copyright laws.

to use ANY peice of music which you did not write yourself is illegal (even if you are non-profit and won't make a cent) unless you obtain written permission from the copyright holder, usually in the form of a license.

check out this link for more info on copyright laws.

be careful! check all your audio tracks carefully and make sure you get permission. if you are non profit it shouldn't be too hard. i may be wrong in some cases, if so please post and let me know!

cheers! pk

[Vlad the Impaler]

yep he's right, but if your film is only going to be seen by your family and friends you can get away with it. Otherwise you'll have to get permission! in Phoenix Nights Series 1 i heard peter kay used a lot of cover versions of songs to save on money cos it was such low budget.

[Actor]

Are you in the U.S.?

Under U.S. law you must get clearance. Without clearance you can only show it to your teacher and classmates and then only if the film is a class assignment.

Without clearance you cannot even show it to your family, friends, cast or crew although you probably could get away with it. A showing to a non-paying audience is also forbidden.

Laws of other countries are similar.

To get clearance contact a clearance house:
<ul type="square">[*]B.Z. Rights, New York 212-580-0615[*]The Copyright Clearing House, Lts., Los Angeles 818-558-3480[*]Copyright Music and Visuals, Canada 416-979-3333[*]Diamond Time Ltd., New York 212-274-1006[*]Essex Entertainment Inc., Nashville 615-244-9305[*]Evan M. Greenspan, Inc., Los Angeles 818-762-9656[*]Lana Hall, Los Angeles 213-651-4478[*]Diane Prentice - Music Clearance, Los Angeles 818-830-1270[*]Suzy Vaughan Associates, Inc., Los Angeles 310-556-1409[/list]

[talisac]

oops sorry forgot to mention, im the the uk, do the rules apply over here?

[Kev Owens]

The reply that says; 'Just put their names in the credits' is wrong... very wrong! In the films they've seen they don't find out from the credits that the composer/producer/performer is paid for the rights to use theit music. Honestly, shouldn't these people read up on this before replying with advice that they've got no idea about?!

It all depends on what you want to do with your film:

If it's a personal thing, to show your family and friends- then don't worry, it's for personal use, keep it private, no need for clearances.

If however you want to sell it or screen it publicly you will need to obtain clearance from the owners of all copyrights- even if you don't make any money. I suggest you buy the 'Guerilla Filmakers Handbook' by C.Jones and G.Joliffe for much more in-depth info.

It is possible to buy festival rights, which cover you for copyrights as long as it's only shown in festivals and non-profit making, the simple premise being of course that if you make money and you've got a Blur track on your film, Blur want a cut of it- and rightly so!

[Alex]

<BLOCKQUOTE><font size=2 face="Verdana, Helvetica, sans-serif">quote:</font><table border="0" width="90%" bgcolor="#333333" cellspacing="1" cellpadding="0"><tr><td width="100%"><table border="0" width="100%" cellspacing="0" cellpadding="2" bgcolor="#FF9900"><tr><td width="100%" bgcolor="#DDDDDD"><font size=2 face="Verdana, Helvetica, sans-serif">Originally posted by MVP:
As far as I know (For films that will make money), so long as you say in the credits that you have '&lt;song&gt; by &lt;band&gt;'.

This seems sensible because otherwise most of the films I have watched would be breaking the law.

Some films just have the artist names, but it is sensible to include the track name. With one of the no-profit films that I help produce, (and is produced under my company name) we only included the artist names.

Some films include the producer company for the track, and what album it is off (if any) but they aren't essential.

So basicaly in your credits have for example
'Wake Up' by 'Rage Against The Machine'

and you should be fine. Even though your film wont be making any money, it is safer to put the names in, so that nobody can question whether you purchesd a licence for the music that you use.</font></td></tr></table></td></tr></table></BLOCKQUOTE>


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[Kev Owens]

Quote from MVP: "As far as I know..."

Trust me it ain't far!

[pauldrystonewall]

this topic has been well and truly answered, but i thought i would just be a bit pedantic!

you actually have to have permission to copy music in a any format...so even if it is just for personal use, you will be breaking the law by using it without clearance....the difference is of course, hopefully nobody will find out!

if you do get clearance for music, for a professional project, you still have royalty issues, the mcps (mechanical copyright protection society) will track how many copies of the film are distributed, so they can calculate how much the composer/performer is due in royalties....and don't worry, they WILL track you down eventually!

and as for 100% royalty free music, it's never 100% free!. you can be granted a license by the copyright owner to use music for a particular project...but if that is the case then you can't use that music for anything else, and you can't give the music to fellow film-makers to use!

when i give permission for people to use my music, i always say they can use it for that particular project, and any advertisements pertaining to it...it's called a limited license.

my advice when looking for music, is to find a composer, or a local band who are looking for a bit of exposure, or something to add to their showreel.