Royalty Free Music
Copyright issues concerning the Independent Film Maker.
The indie film maker needs to know copyright law. Learn what licenses and how to obtain them for content used in your movies, film, and videos.
Copyright issues are probably the most important subject concerning the Indie Film Maker.
Independent
Movies free for your
viewing
Professional Independent Film Video Cameras
Most audio and video work, not produced by you, will most likely be copyright protected. That means that you must gain the proper licenses and permissions to use these works in your Film, video, or Movie. These works come under the heading of Intelectual Property. Royalty Free Music is the best way around this.
When you have an idea or thought that is unique, and you bring this idea or thought, into reality by transposing this idea or thought into something that can be passed onto others it then becomes property. Intelectual property that can be declared yours and protected.
If someone or some entity wants to use your intelectual property they must gain your permission or face legal consequences.
Here are examples of different types ownership.
Single
Author: You create a musical composition from beginning to end.
Joint
Works: Work created by two or more authors. The created work
as a whole is owned by each authors.
Work-for-hire: A work-for-hire is usually a work created by an employee within the scope of employment. The employer is deemed to be the owner and author of the completed work. You created this work, but you don't own it!
The Law tries to provide a 95 year term of protection to works properly registered in and after 1964.
The typical rights need to use music in your films.
Basically there are 3 rights you need for AV/Video, Movie Making, and
Film Making.
. Mechanical, Synchronization and Public Performance.
The mechanical right lets you re-record the music from a purchased CD or download.
The synchronization right lets you put the music into time relationship with a picture. This means that you have the right to add the music to your video.
Finally, you need the Public Performance Right. This allows you to show your film that contains the protected music to the public.
Here are some terms you need to know.
What is royalty-free
(buy-out) music?
Normally you need to pay royalties for each needle or laser drop. that
means that each time the work is used you'll need to pay a drop fee. But
for situation like movies or films you can get what is called a royalty-free
deal where you get a "lifetime blanket" (a 99 year term). You
only pay a one time fee. Make sure that your licensed uses include audio,
video, industrial films and slide presentations as well as multimedia,
television, radio and satellite broadcast.
Does "Copyright
Free" mean the
same as royalty-free or buy-out?
No, "copyright free" does not exist. Even though music is in
the public domain may not be copyright, the sound recording is probably
under copyright. Other so called "license free" approaches can
be misleading as well. Its always best to deal with something you are
able to gain the proper licence for rather then deal with problems later..
What rights am I "buying
out"
when I purchase royalty-free music?
Basically there are 3 rights you need for movies, films, or videos. Mechanical,
Synchronization and Public Performance.
The mechanical right allows you to re-record the music from a purchased CD or download.
The synchronization right allows you to put the music into time relationship with a picture, as in a movie, film , or video.
Finally, you need the Public Performance Right. This allows you to perform in public using the material protected by copyright.
Most places that would be using your movie, film, or video will require you to show proof that you have permission to all works in your film.
There are places setup for easy acquisition of these licenses. These are places that are there to sell you music and sound effects for your film and movies.
Here is an example of a typical License to use a protected peace of music in your film.
This is one of the Licenses offered to you when you purchase music rights from DAWNMUSIC.COM
Dawnmusic is one of many places where you can get very reasonably priced music for your Independent Films.
http://www.dawnmusic.com/home.html
This is an example of a Music Rights License Agreement
Creative Support
Services
LICENSE AGREEMENT
--------------------------------------------------------------------------------
Creative Support Services ("Library") for valuable consideration and in accordance with the terms set out below grants to the Licensee ("Licensee") named below a license for a non-exclusive use of "Music" hereafter downloaded on the CSS Music Digital Audio Worldwide Network (which also includes the Sound Recording):
Your Name
Company
Address
Address 2 Suite D
City State Zip Code
Country
Phone # FAX #
Email Address
1. Licensee or a customer of Licensee shall have the worldwide, non-exclusive, non-assignable, non-divisible right for the unlimited use of the Music only in synchronization or mechanical reproduction with other audio and/or visual elements added by Licensee for broadcast or non-broadcast purposes with only the following restrictions:
(a) The Music cannot be duplicated by itself in whole or in part in any medium, tape or disc or otherwise, and resold, licensed, leased or in any other way used or transferred to any other party without the express prior written permission of Library. Licensee may make one (1) copy only of the licensed Music for back-up purposes only.
(b) Any Production by Licensee containing the Music, in whole or part, must have affixed a copyright notice substantially in the following form: "© (date) (by Licensee or Customer of Licensee). All Rights Reserved. No Unauthorized Duplication Permitted".
(c) Licensee must obtain the prior written consent of Library if Licensee intends to reproduce and re-package the Music with additional recorded instrumentation and/or vocals and release it as part of a commercially available audio phono-record or visual release when the Music is a featured part of such project rather than an incidental or background element. Licensee must obtain prior written permission from Library if Licensee intends to add lyrics to the Music.
(d) Use of the Music in theatrical motion pictures, made-for-television movies, full length direct to video motion pictures, network television primetime programming (ABC, CBS, NBC, FOX), and national television commercials requires prior written approval and additional licensure from Library.
(e) If applicable, use of the We've Got the Spirit song in broadcast applications requires additional licensure from library.
(f) Licensee must obtain an additional license from Library if Licensee or a Customer of Licensee intends to use the Music in a Mass Produced and Marketed Product that exceeds an initial duplication of 50,000 units.
2. Public Performance of the Music-
(a) Licensee or a customer of Licensee shall have the worldwide, non-exclusive, non-assignable, non-divisible right to perform the Music publicly for non-broadcast purposes (including "music-on-hold" applications transmitted via telephone systems but excluding theatrical motion pictures and full length direct to video motion pictures) when the Music is combined with other audio and/or visual elements added by Licensee and where the Music is not a featured part of any such presentation but rather an incidental or background element.
(b) If Licensee's use is an audio-visual use which is broadcast over television, radio, cable, satellite or similar medium, then Licensee agrees to exercise reasonable care to make such broadcast information available to Library so that Library can arrange to collect its performance fees on the Music from the performing rights society with which Library is affiliated. Licensee is not responsible for any additional fee for such use as described in this subparagraph 2(b) unless Licensee is the broadcaster, in which case Licensee would be responsible to the relevant performing rights society but not to Library. Where applicable Licensee agrees to list C.S.S. Music (BMI) on cue sheets and make copies available to library. If Licensee is the broadcaster and either an educational institution, local religious organization or a public access, community access or government access system operating on a non-profit basis, then this License Agreement shall constitute a "Direct License" and Licensee shall not be responsible for any additional fee to the relevant performing rights society.
3. The term "Licensee" shall not include a parent, subsidiary, affiliate, separate department, or branch office of Licensee, except with the prior written consent of Library.
4. In the event Licensee breaches the terms of this license, Licensor shall have the right to terminate this License upon 30 days written notice to Licensee, which termination shall take effect immediately upon the 31st day provided Licensee shall not have completely cured its breach. Any former or subsequent unauthorized use of the Music by Licensee will constitute an infringement of the rights of Library, including but not limited to Library's copyrights in the Music. In such event, all rights granted to Licensee by this License shall terminate and Licensee shall return to Library at Licensee's expense the Music furnished to Licensee by Library. In addition, Library shall have the right to any other remedy available at law or equity, including injunctive relief and damages.
5. After any material breach, any use by Licensee of any of the rights granted under this License or otherwise, will constitute intentional infringement of the rights of copyright of Library, which the parties agree will suffice to permit the award of attorneys' fees, treble damages or statutory damages according to the provisions of the Copyright Act.
6. Nothing in this License should be construed to give Library any right or claim for future fees paid to Licensee by Licensee's customer when Licensee's use or Licensee's customer's use of the Music is a use permitted by this License.
7. Library warrants that: it is the holder of the copyright in the Music and/or has contracted the rights to the Music, it has full power and authority to enter into this License and to grant Licensee the permission accorded under this License.
8. While Licensee by this License acquires the physical property embodying the Music (media) and the license to use the Music as described in this License, Licensee does not acquire any ownership rights in the Music or its underlying copyrights.
9. It is understood that the Library contains many works, each having a separate copyright and possibly separate dates of copyright expiration or termination. To the extent that the term of this license exceeds the life of the copyright in any of the works in the Library, the license continues in full force and effect with respect to all remaining copyrights in the works in the Library.
10. Licensee agrees to defend, indemnify and hold Library or its officers, directors, employees or agents free and harmless against any and all claims, suits, liability, losses, damage, judgments, recoveries, costs, expenses and attorneys fees which may be made or brought against it, paid or incurred by Library by reason of any use or exploitation of the Library or any of the works in it, which use or exploitation does not involve copyright claims, by reason of breach or claim of breach of this agreement by any alleged third party beneficiary, or by reason of any agreement of Licensee with any third party whomsoever concerning any use of the Library or any of the musical works within the Library. (except where otherwise prohibited by law in cases where Licensee is a government entity).
11. This Agreement shall be governed by and construed in accordance with the law of the state of California except i ts choice of law provision. Any action hereunder shall be duly filed within the jurisdiction of the County of Los Angeles, State of California, and both Parties consent to in personum jurisdiction of the Courts of that county.
12. It is specifically agreed that this Agreement contains each of the terms, covenants, conditions and promises of parties hereto. No modification shall be valid or binding unless made in writing and executed by both parties hereto.
13. Should any action be brought to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs. Said costs and expenses may include any and all collection costs incurred.(except where otherwise prohibited by law in cases where Licensee is a government entity).
14. This Agreement shall be binding upon and inured to the benefit to the parties hereto and the respective successors and assigns.
15. The term of this Agreement shall be 99 years.
16. THIS AGREEMENT SHALL BE DEEMED EFFECTED ELECTRONICALLY UPON "ACCEPTANCE".
Thereafter this Agreement shall be deemed effective and binding upon the parties at all times that the Music is used by Licensee.
(If License is printed and returned)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year written below.
LICENSEE
Name ___________________________________________________ ______________________ Date
Signature_________________________________________________ ______________________ Date
Music Selections
Made by Licensee: _________________
©2002. Creative Support Services. All Rights Reserved.
Now I will not pretend to be a legal expert concerning copyright issues, so I will give you some great sites that deal with these very issues.
http://www.lafcpug.org/features_copyright.html This is an easy to understand site that will explain many of the concerns you will have with copyright issues.
http://www.copyright.gov This is the government site that will answer just about any question you have about copyright
http://www.dawnmusic.com/home.html This is a great place to get started with music you may need to create your Independent Film
Written by
G. Parsons copyright © 2005 711net.com
