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Q: Legal Aspects if Independent Film Making ( Answered,   0 Comments )
Question  
Subject: Legal Aspects if Independent Film Making
Category: Business and Money > Small Businesses
Asked by: jcg-ga
List Price: $10.00
Posted: 10 Dec 2002 14:55 PST
Expires: 09 Jan 2003 14:55 PST
Question ID: 122628
I need a very practical reply to my question, with specific answers
and instructions.  Would prefer answer from Google person who has
practiced law (even though I understand that Google makes no
guarantees) or who is/has "been in the business".  Thanks in advance
for your help.

If I create a home movie using digital video and editing, is it legal
to use music from CDs as background sound without getting permission
from the recording house?  How about if I wind up using the movie
commercially?  If the answer is no, what do I have to do to use the
music legally?

How do I go about getting a copyright on a movie that I make?
Answer  
Subject: Re: Legal Aspects if Independent Film Making
Answered By: kriswrite-ga on 10 Dec 2002 21:30 PST
 
Hello jcg~

It is never permissible to use music for any sort of film or recording
without getting permission first. Although you *might* escape serious
consequences if you use music without permission for a film that will
never be distributed, it is always wisest and best to strictly adhere
to the copyright law.

If the film will ever be distributed, you cannot get by without
obtaining permission and paying fees for the said music. The only
exception to this is if you have "permission free" music made
specifically for studios; this sort of music will be *clearly* marked
and is usually sold for a sum--along the lines of sold clip art.

To obtain permission to use copyrighted music, you must contact ASCAP
(The American Society of Composers, Artists, and Publishers). For more
information on the specifics of permission, please visit
http://www.ascap.com/lp_music_licensing.html .

In order to copyright your completed film, you will need to visit the
U.S. Copyright Office website at
http://www.copyright.gov/register/pa-motion.html . From there, you
will find form PA, fill it out, and return it to the Office with a
check or money order for $30 and a nonreturnable copy of your film.
Within four or five months, you'll receive a registration slip from
the Copyright Office, but your work will become officially registered
on the day it arrives at the Copyright Office.

If you live outside the U.S., please request a clarification, and I'll
provide appropriate information for your country.

Good luck!
kriswrite

Request for Answer Clarification by jcg-ga on 10 Dec 2002 23:05 PST
Dear Kriswrite,

Thank you very much for your answer.  I'm hoping you can provide a few
more details, as follows.

Is ASCAP the place one must go to get permission to use any and all
recorded songs?  There is never any other place I have to go?

For the following examples, can you provide an estimate of the cost to
use each of the pieces as background music in a documentary film?

"And Her Mother Came Too" from the soundtrack of Gosford Park (the
movie).  Original music composed by Patrick Doyle, Decca Records.

Rachmaninoff Piano Concerto No. 3, Evgeny Kisin, piano.  Boston
Symphony Orchestra, Seiji Ozawa, conductor.  BMG Music.  1993

"All or Nothing At All", Al Jarreau, from Heart's Horizon CD.  Reprise
Records.  1988

If I can get this information, I can tip.  Thanks a lot.

JCG

Request for Answer Clarification by jcg-ga on 10 Dec 2002 23:13 PST
Dear Kriswrite,

The ASCAP website states the following.  Will you please clarify how
this is different from what I am needing to do?  Thanks very much.

"Th eASCAP does not license the right to record music on a CD or tape
or as part of a multi-media or an audio-visual work such as a motion
picture, video or television program. Those rights, known in the music
industry as mechanical and synchronization(or "synch") rights, are
licensed by writers or publishers."

JCG

Clarification of Answer by kriswrite-ga on 11 Dec 2002 09:39 PST
HI again jcg~

It is through ASCAP that you will contact the authors or artists for
permission to use their material. Not all recorded songs are
written/performed by members of ASCAP, but virtually all of them all.
If you can't find the info you need at ASCAP, the next place to try is
The National Music Publishers' Association songfile ( www.nmpa.org ).
In rare cases where the song appears to not be available through ASCAP
or NMPA, simply contact the company that released the CD for more
information about obtaining rights.

Typically, classical music will be more affordable, since there is
usually no royalty to the author (the composer being long since
deceased). It wouldn't be wise for me to venture a to tell you how
much it will cost to obtain permission to use the songs you mention,
since such figures vary from artist to artist, publisher to publisher,
author to author--and according to how you will use the piece in your
film.

For more detailed information on licensing music specifically for
film, visit:
http://www.ascap.com/filmtv/faq.html

Hope this helps!
kriswrite
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