[edavis]

Can anyone point me to information about how to license songs to use as a soundtrack for an iMovie I want to do for the local marching band? I would probably distribute somewhere around 70 of these movies, and would like to legally pay for the rights to use some popular music as a soundtrack for some scenes.

Any one have experience in this?

Any videographers point me to where to license this kind of thing? How much does it cost?

Thanks.

[Axo1ot1]

If it's only 70 copies, I doubt you need to bother.

[Tim Kosch]

Originally posted by Axo1ot1:
If it's only 70 copies, I doubt you need to bother.

I WOULD bother with this. We once used an recording of music (not necessarily a popular song, but still copyrighted) for an educational institution and a year later we were contacted by the owner's legal department to apply for the rights to use the song. The only recordings (that included the music) were video recordings of each show it was used at. These videos were only purchased for reviewing the performance and not for resale to students, parents, etc.

I am not sure where to go but I would try ASCAP and BMI first. They may point you in the right direction. We now use certain organizations who specialize in licensing music from individuals/owners before we use any music that might need permission for or payment of royalties, etc. especially anything for marching band, winterguard or indoor drumline arrangements.

You might try to contact the local college theory/composition professors who often do this on the side. I will try to get in contact with one of my old professors who does this and see what he says.

Hope this helps.

Tim

[edavis]

Tim,

Thanks for any help you can offer. I'm not very comfortable with the "for only 70 copies, I wouldn't bother" type answer. Someone wrote these songs, and I'm not really interested in depriving them of revenue. I just hope that it doesn't cost a fortune to make a video for some high school kids and their parents. And, this is not my full-time job. Hopefully, there is a reasonable, simple way to get the rights to use this music, and EVERYONE will be happy. (And, I can keep my house and car, both honorable goals!)

[Tim Kosch]

Originally posted by edavis:
Tim,

Thanks for any help you can offer. I'm not very comfortable with the "for only 70 copies, I wouldn't bother" type answer. Someone wrote these songs, and I'm not really interested in depriving them of revenue. I just hope that it doesn't cost a fortune to make a video for some high school kids and their parents. And, this is not my full-time job. Hopefully, there is a reasonable, simple way to get the rights to use this music, and EVERYONE will be happy. (And, I can keep my house and car, both honorable goals!)

I haven't had a chance to contact anyone yet but many times when you explain to the people what you are doing they often give you a break. One time we wanted to use part of a piece of music (only 90 seconds in fact) for a marching band arrangement and contacted the composer to ask about it. On his website he stated that just to use any part of his music you had to pay a flat fee $2,500 just for starters. After we wrote to him explaining what the school wanted to do he just said buy the original full band arrangement and call it even. So that cost us less than $100. If you aren't really selling for a profit, just to covers costs, I think people understand.

Tim

[KeyLimePi]

No, I really don't think they do. A few years ago I put together a video for a company event (200 people). I wanted to use part of a Van Halen song in the video and wanted to do the right thing and get permission.

We we not distributing the video. We were not using it to promote or advertise any commerical service. In fact, we weren't making any profit on it at all (it was for an 'Employee of the Year' kind of dinner) Anyway, after several long discussions with Warner Bros., I finally ended up paying $5000.00 to use :30 of the song exactly one time.

You're a good person for wanting to go through the proper channels, but be advised. These labels have one set of rules and don't care whether you are a marching band or a Madison Avenue Corporation. Usage rights are big, big money.

[Tim Kosch]

Originally posted by KeyLimePi:
No, I really don't think they do. A few years ago I put together a video for a company event (200 people). I wanted to use part of a Van Halen song in the video and wanted to do the right thing and get permission.

We we not distributing the video. We were not using it to promote or advertise any commerical service. In fact, we weren't making any profit on it at all (it was for an 'Employee of the Year' kind of dinner) Anyway, after several long discussions with Warner Bros., I finally ended up paying $5000.00 to use :30 of the song exactly one time.

You're a good person for wanting to go through the proper channels, but be advised. These labels have one set of rules and don't care whether you are a marching band or a Madison Avenue Corporation. Usage rights are big, big money.

Wow, $5,000 for 30 seconds. Amazing. I guess we have been lucky since those we have usually needed things from are smaller publishers or individuals not larger corporations.

After your talks and you agreed on a price was there a lot of paperwork to fill out?

Tim

[KeyLimePi]

They overnighted a packet of info and I had to sign several forms; all of which were filled out already with the appropriate details. It was called a 'one-time use' deal and, when I sent it back with a check they sent me their signed copies.

This was only about five years ago but it was the pre-Napster era. I remember talking to one woman at WB in particular who was a kind of a hardass. I was trying to explain how small of an event this was and I said something like 'but if I was playing this same song at a party at my home it wouldn't be a problem, why is a putting part of it into a video so expensive' and she said 'yes it would be a problem...that is not covered under personal use either.'

The funny thing is I remember recoiling in horror a few years later when I saw a Sony commerical -- the one where the dad is getting the son to help him make a video for the mom...and they are recording some sappy 80's song into it (I forget the song). I thought it was astonding that Sony -- which owns a record label -- was showing people how easy it is put commercial music into videos!!

And now here we are a few years later still and the music I purchase from the iTMS is linked directly to my iMovie projects. So who knows...maybe the labels are softening up a little.

Oh...one more thought. Is your marching band part of a not-for-profit organization (501c3), like a school or church or something? I think that will make a BIG difference if you're going after a licensing agreement. Good luck.

[Tim Kosch]

Originally posted by KeyLimePi:
They overnighted a packet of info and I had to sign several forms; all of which were filled out already with the appropriate details. It was called a 'one-time use' deal and, when I sent it back with a check they sent me their signed copies.

This was only about five years ago but it was the pre-Napster era. I remember talking to one woman at WB in particular who was a kind of a hardass. I was trying to explain how small of an event this was and I said something like 'but if I was playing this same song at a party at my home it wouldn't be a problem, why is a putting part of it into a video so expensive' and she said 'yes it would be a problem...that is not covered under personal use either.'

The funny thing is I remember recoiling in horror a few years later when I saw a Sony commerical -- the one where the dad is getting the son to help him make a video for the mom...and they are recording some sappy 80's song into it (I forget the song). I thought it was astonding that Sony -- which owns a record label -- was showing people how easy it is put commercial music into videos!!

And now here we are a few years later still and the music I purchase from the iTMS is linked directly to my iMovie projects. So who knows...maybe the labels are softening up a little.

Oh...one more thought. Is your marching band part of a not-for-profit organization (501c3), like a school or church or something? I think that will make a BIG difference if you're going after a licensing agreement. Good luck.

I think every accredited school (that receives state funding) is a not-for-profit organization. Our school is and our music booster group is also covered under the school tax ID number (although I think we could apply for the status separately).

How do you think 501c3 status would help with licensing? I know it would help with equipment (and sales tax) for things like Apple computers, etc. Our tech department won't let them touch 'em. You wouldn't believe the stuff I do at home on my G3, G4, and G5 that we can't do at school.

I just remembered one of our guard directors runs a dance studio in town and I know she pays a yearly fee (of around $250 if I remember correctly) for use of music in recitals. I think she pays this to ASCAP. I will have to ask her.

Tim

[stevesnj]

Some good information HERE registration is free and this topic has an article. Type in "copyright" into the left hand search.

[macintologist]

Originally posted by KeyLimePi:
They overnighted a packet of info and I had to sign several forms; all of which were filled out already with the appropriate details. It was called a 'one-time use' deal and, when I sent it back with a check they sent me their signed copies.

This was only about five years ago but it was the pre-Napster era. I remember talking to one woman at WB in particular who was a kind of a hardass. I was trying to explain how small of an event this was and I said something like 'but if I was playing this same song at a party at my home it wouldn't be a problem, why is a putting part of it into a video so expensive' and she said 'yes it would be a problem...that is not covered under personal use either.'

clip

omg too bad Napster wasn't around because if that were now I would have told her: "HEY, we're trying to do the right thing by going to you in the first place! We could have easily downloaded the song and hosted if off a russian site but we took the effort to come by and see you! Don't push me!"


stupid copyright corperation people. If they want people to stop pirating music why don't they lower their damn prices. 20 bucks for a CD?? Are you joking?? God bless iTMS. hey it rhymes

[direktor]

I work at a record label and we get many requests to use our music, and also, because we have in house video production, we sometimes have to license music from other publishing companies/labels. I'm not a lawyer, nor even the person who handles such things at my company, but I am peripherally involved in this sort of stuff. (we're currently going thru hell licencing all the bands on the '03 Warped DVD I'm editing/authoring)

I'd say the rules of thumb would be this:

1-If you are making a project to sell for any amount and you'd like to use published music without licensing, watch your butt. They can and might come after you. Of course it has to be worth their while to do so, and entertainment lawyers aren't cheap.

2-If you're doing a personal project (home movie, etc), don't sweat it. Something like that only yourself and Uncle Fred are going to see it...not only is it a case of who's going to know, but the owner of the music would have to prove damages; very difficult under those circumstances.

Key Lime's experience is about par for the course. If you want to make money from somebody elses music, expect to pay.

[edavis]

Bumping to keep the topic alive. I'm still looking for any "how to" help on how to license...who to contact, etc.

[stevesnj]

Originally posted by edavis:
Bumping to keep the topic alive. I'm still looking for any "how to" help on how to license...who to contact, etc.

My post and link has all the info you want and who to contact.