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Thread: added music

  1. #1

    Default added music

    I read some time ago a great explanation regarding using music when assemblimg either videos or slide shows. It indicated that it is unlawful to use music without proper permission. While I can appreciate the explanation fully, my question is this; can I add music that is created using MIDI. Essentially is the song created commercially the issue ie can I use the song created by using MIDI without concern who is playing it or are the song titles protected also. Any thoughts on this is greatly appreciated.

  2. #2
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    The midi version would be a copy of an original work so it would still be a breach.

    This is all very complicated and my advice is poorly informed.

    Personally if the work is non commercial I would just go ahead and use any music you want. I dont think any of us should have our creativity stifled because of bullying and threats from rights owners - thay are usually cooperate media giants. Sod em !

    I have been using published music in my projects for six years and no one arrested me yet - well not for that

  3. #3

    Default

    What most people don't realise is there are actually TWO copyrights on recorded music... The MUSIC is protected in its own right and the rights owner is the composer. Composers generally are underpaid under-appreciated, and not getting any recompense when someone else uses their stuff is, in fact despite Mark's assertion, a big deal for them.

    The RECORDING is protected by what is called the mechanical copyright and this can be in any form, from a CD, to a MIDI file. This is usually owned by the record company.

    Sometimes both rights belong to the same person or organisation. Often not. And while much of the mechanical copyright lies with the likes of Sony and EMI a vast amount is not. And even if it is the amount that trickles down to the performer and/or writer is vanishingly small unless your name is Madonna or Elton John. A lot of big name artists barely scrape a living from their music.

    In the UK royalties are managed on behalf of musicians by the MCPS-PRS alliance - Welcome to the MCPS-PRS Alliance

    and the website will tell you how to get a license to legitimately use someone else's music in your project. If it for your own personal use then there probably isn't a need to get permissions, and if it is clearly a personal project that doesn't make any money the likelihood is nobody will actually care.

    BUt if someone were to use any of my music (unlikely, I know) the least I'd expect would be an on screen credit for it.

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    And what MarkOne doesn't mention (though I'm sure it'll be covered in the site he links to) is that on top of the writers' and performers' copyrights AND the mechanical copyrights, licences are additionally required to broadcast or play these recordings in public places.

    And then there are "sync" rights which are required to combine the recording with another work - eg use it in a video.

    In the UK a member of the IAC (approx 40pa) can buy a licence (for approx 7pa) which allows the use of any commercial music purchased through UK retail channels to be used in strictly amateur productions. This does NOT cover broadcast - so it wouldn't cove you for YouTube, but 7 is a fair "minor" charge for this "minor" use in my book. I realise this doesn't help out our friend in Pittsburgh, but the US may have similar schemes.
    Tim

  5. #5

    Default

    In the US, the one-stop-shop for most of this stuff is the Harry Fox Agency:

    License Home

    They even take credit cards
    Last edited by MarkOneMusic; 12-17-2008 at 04:53 PM. Reason: - 'caus I cant spell innit

  6. #6

    Default

    Thanks to all for their input and clarification of my inquiry, by the way I would assume that it isn't any less complicated or cheaper here in the USA. Cheers and Happy Holidays to all!!!!

  7. #7

    Default

    I think PPL have an input on this as well, but they sometimes duck and and tell you to negotiate directly with the publisher. I usually stick with royalty free music, but on the one occasion I wanted a particular song on a "look at the poor orphans" film, PPL told me to talk with EMI (who were fantastic, when they heard the story they drew up a contract for a fee of one whole pound..... and even paid that for me! I like EMI)

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    " but 7 is a fair "minor" charge for this "minor" use in my book " - I think it is daft personally.

    Music like film is marketable product that clearly does need some sort of protectionist strategy to protect originators but it has got totally out of hand when people are too scared to play music at creative events without hoop jumping. Music and film are also cultural artifacts that should be celebrated and resused creating new synergies and new pieces of artisitic work.

    Rights are traded like futures and are often not owned by the creative but my some big corp.

    I feel under no obligation to ask sonys permission to use a tune I grew up with and love in one of my films.

    If you are a creative - create ! Worry about getting the rights stuff sorted only when you are legit and selling your work - then clearly you must seek permissions and pay those with an interest.

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    Quote Originally Posted by Mark W View Post
    " but 7 is a fair "minor" charge for this "minor" use in my book " - I think it is daft personally.
    <SNIP>
    too scared to play music at creative events without hoop jumping.
    <SNIP>
    I feel under no obligation to ask sonys permission to use a tune I grew up with and love in one of my films.
    <SNIP>
    If you are a creative - create ! Worry about getting the rights stuff sorted only when you are legit and selling your work - then clearly you must seek permissions and pay those with an interest.
    Mark I hardly think paying a one off annual fee to use as much music as you like (so long as you've legitimately obtained a recording) in amateur films is jumping through hoops. There's no need to ask Sony's permission or anyone elses permission. You've got it.

    The whole purpose of this mechanism is to make it as simple and cheap as possible and I think it achieves this admirably.

    I'm not suggesting people do this for their own experimentation and creativity at home - BUT if they want to enter the film in, for example, an amateur festival this a reasonable price to pay (IMO) to ensure they are acting within the rules of the competition and the law.
    Tim

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    If the comp demands such irrlevant form filling and jobsworthness - then I would do it - but never apart from that.

    I had a conversation years ago with the owner of the rights to a p glass tune i used in a comp entry - she said we 'could' do you a cheap film festival liscence but she said it wanst really worth thier hassle and she said I might as well crack on - I have done so ever since.

    If I had worried about the rights to every thing I have used in my 300 plus finished films I wouldnt have made half of them.

    For me it's similar to the ' cant film here thing' - open the can and deal with the worms, or just crack on....

    But as I said for work you charge for my position is reversed. Keep in mind nealry all my work has a doc / politicol / activist vibe to it so I come at this from a very different angle to most.

    As for simple and cheap - it's called limewire innit ?
    Last edited by Mark W; 12-20-2008 at 09:24 PM.

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