legal question

[Marc Piane]

I was contacted by a filmaker that had heard some of my original tunes on my website. He wants to use some in a short film he is producing. What is the legal process for this? I am a member of ASCAP and the songs are registered there as well as copyrighted with Uncle Sam. Any help would be appreciated.

[TroyK]

I'm not a lawyer, but I've researched this pretty thoroughly. And, I'm not entirely sure I understand your question, but I think you're clearly covered. Your work is actually copywrited as soon as you write it, regardless of whether you do anything or not. Having a copy of it with some sort of date associated with it (like having it on your website, if you keep logs) helps you substantiate ownership in a dispute. Being credited with it in a film, will acutally help establish a ownership and a timeline as well.

ASCAP can help you legally if there is a dispute some date and in theory, they can collect royalities for you, but they don't make it any more or less yours than it was already.

I can't be the most qualified person to advise on this, but hopefully that helps and someone else will chime in with more specific advise or a link. Congrats on someone picking up your compositions!

Troy

[Marc Piane]

Thanks Troy. Good stuff.

My question is also about the process. I got the number of the LCA (Lawyers for the Creative Arts) here in Chicago. I'm sure the lawyer they match me up with will be able to draw up all the proper papers. I just don't want to enter into this with zero knowledge.

I have been part of groups that have recorded other people's tunes for the sake of a film or TV commercial. The folks who hired us or the AFM always had lawyers that took care of all the proper contracts and liscensing. This is the first time that someone has inquired about my original work.

[Peck_Time]

Hey Fingers, licensing tracks is where the money is!

Here's my knowledge:

There are usually two parts to the music you license- the tune and the performance. If you own both- great!

Make sure the license is not exclusive and for a limited time. Basically- if something happens and the film starts making millions- you need a piece of that!

[musicman5string]

I recently did some music for an indie film. I got paid a flat fee to compose music based on the filmmaker's ideas of what the music should sound like. So this wasn't "original" tunes of mine per say in a genre, like jazz or pop, so I just took the fee and gave him the music. I'm fairly certain it's not going to Cannes or anything so I'm not worried about not getting paid more.
I do know that you have to get "tunes" copyrighted through the U.S. copyright office in order for it to be legal. Keeping a log or whatever isn't going to cut it in court.
Fingers, if these are "tunes" ala a real book chart, you might want to do this if you think the project will go on to greater heights.

[Marc Piane]

They are copyrighted through the US Copyright Office. The guy wants to use sound recordings that already exist which are also copyrighted. My compositions, while in the lead sheet format, tend to lean more towards the freer end of things. I think the existing recordings are essential to getting the point of the tunes across.

[Sam Sherry]

I'm not a "music lawyer" or a copyright specialist. I am a commercial lawyer and I'm able to provide rudimentary answers to my clients' basic copyright questions before sending them on to a specialist for detailed work.

a) You have a common-law "copyright" just by saying so. You don't need to register your creative work to acquire authorship or compositional rights.

b) But having rights and being able to enforce them are two different questions. Registering your work often makes it easier to pursue people who try to pirate your stuff.

c) But again, having the right to hassle somebody in court may be a booby-prize. Chasing people is a drag -- trust me, I do it every day.

d) All this is secondary to Marc's situation. He has somebody who is ready to negotiate with him to see if they can reach an agreement that both can live with as to price and scope. Marc, you're doing the right thing by heading off to De Lawyah. Benefit from the experience (and learn from the mistakes) of others.

Let us know what happens when you've got ink on paper. Until then it's just rumor or warm spit.

[Marc Piane]

Originally Posted by Sam Sherry

Until then it's just rumor or warm spit.

Ain't that the truth. I'll keep you folks posted.