Subject:Who do I pay and how much to use copyrighted music?

Posted by: riredale

Date:8/26/2002 12:56:25 AM

I hang around the Vegas Video board most of the time, and last week I posted these questions, but received only a limited response. Perhaps you all have already been in this situation and might be able to provide some advice...

I am building a DVD that will be sold to parents of members of a kid's choir. Maybe 200 copies will be made. One portion of the DVD will consist of a 5 minute collection of still photos shot of their tour in Italy last summer.

My wife is nuts about a blind Italian tenor named Andrea Bocelli, and one of the songs on his "Sogno" CD would be a perfect audio complement to the still photo segment.

--Who do I need to contact?

--Is it really REALLY necessary? The kid's choir is a nonprofit, but I'm sure they want to use the sales of the DVDs as a revenue-creator.

--How much do you anticipate "they" will charge?

--Can one avoid the money issue by giving away the DVD, but suggesting a contribution in place of a fixed price?

I know, you're telling me I should use Acid to make my own soundtrack. Maybe next time.

Subject:RE: Who do I pay and how much to use copyrighted music?

Reply by: MaxH

Date:8/26/2002 4:36:55 AM

This subject is a minefield!

You need to contact the publishers of the music; the answer to "How much will you charge?", however, will depend on the popularity of the artist. For a well known popular artist the cost will be in the thousands.

The copyright position is clear. Whether you give the copies away or the client sells them, you can't steal people's work.

If you are making a movie for, say, members of your family, then for practical purposes there is little risk of being sued. Makers of wedding videos, technically, break copyright laws when they record and distribute tapes with music (e.g. the last dance)in the background; however, I am not aware of any being sued.

In your situation (IMHO) you would be well over the boundary line if you failed to pay the artist as you would be using his work to create revenue for a third - party.

Regards,
Max

Subject:RE: Who do I pay and how much to use copyrighted music?

Reply by: drbam

Date:8/26/2002 9:20:19 AM

Supercoach is absolutely right. And unfortunately (for your purposes) Bocelli is a very popular artist which means that obtaining rights to use even a few seconds of his recorded material will indeed cost you big time. The nonprofit status of your project means zip to the recording and publishing companies. I attempted to do something similar a few years back which involved using a fairly non descript new age instrumental track behind a voice over narration for a self-help relaxation tape. I was shocked at the fees they required. I'd pursue a different route.

drbam

Subject:RE: Who do I pay and how much to use copyrighted music?

Reply by: buffalosnout

Date:8/26/2002 10:16:38 AM

I have a similar situation in that I'd like to include on a CD my own updated version of a song that was written over 100 years ago. I presume it's in the public domain. Are songs in the public domain ok to redo without gaining anyone's approval? How do you find out for certain if the old song is public domain?

Thanks in advance for any input,

James

Subject:RE: Who do I pay and how much to use copyrighted music?

Reply by: earthrisers

Date:8/26/2002 11:36:52 AM

You might start at this link and then poke around some more:

http://www.songfile.com/nonpro_search.html

The "Harry Fox" Agency handles licensing for thousands of songs belonging to various publishing entities, and apparently songfile.com now has a simplified way of doing that.
BTW: My little band did a CD of Civil War tunes a few years ago, and indeed just about all the songs we used were public domain. Good chance on your 100-year-old one, too, unless there's something unique about a more recently created arrangement you're working from. But I'm no expert, so don't take my word for it.

Ernie

Subject:RE: Who do I pay and how much to use copyrighted music?

Reply by: DataCowboy

Date:8/26/2002 8:04:00 PM

1. You need to contact the copyright holder of the Sound Recording, which *usually* means the record label that released the CD. You will also need to pay songwriter royalties unless the song is public domain -- hopefully the owner of the Sound Recording can help you contact the songwriter.

2. Yes, legally anyway. Being non-profit offers no protection, even if the item is being given away for free. Otherwise Napster could've just tried to declare itself a non-profit and kept on going. And ASCAP threatened legal action against the Girlscouts a few years ago for singing songs at camp for an audience of parents (technically a public performance and subject to ASCAP royalties). ASCAP backed off and granted them a special license or something, but legally, ASCAP was on solid ground if it went to court.

3. It's nearly impossible to tell. It's that varied.

4. Nope, see answer 2.

Your best hope is that the owner of the Sound Recording will see it as an opportunity to have the music heard by a new audience and be swayed by the fact that you are not a "for profit" organization. You would need to settle the issue of songwriter royalties, however, and hope the songwriter views the situation the same.

Hex
of Freeside

Subject:RE: Who do I pay and how much to use copyrighted music?

Reply by: buffalosnout

Date:8/26/2002 11:37:58 PM

Thanks for the reply. I'll check out that site.