Location releases

Uniwoo wrote on 11/4/2006, 6:13 PM
Some time ago I did some shooting at a restaurant that had music playing in the background, which at the time, I didn't notice or think about. But now, as I'm doing releases for real, I know that I must get some license or permission for either mechanical or synchronization. I'm wondering what the rules are for this, i.e. will I approach the restaurant and see what system they are licensed under, and contact them, as they might have Muzak or the like, or ASCAP, etc.? Or, will I be asking the restaurant to give me permission under their already licensed umbrella? I know, I know, I should have done this in advance, but at the time I wasn't planning to use it and didn't have all my tools readily in place. I did get preliminary authorization from the restaurant which was not busy on a Sunday eve. to film at the time. Next time, I'll know better, but for now, I need to go back and do it right. Thanks!

Comments

rs170a wrote on 11/4/2006, 6:51 PM
My (strictly personal) opinion is that you'll need to get the rights yourself.
Do a search here and you'll find the applicable agencies.
The restaurant pays for the ability to play music and that's as far as their rights go.
If you have to go back there again, bring along some copyright cleared music that you already own or just turn the music off and add something in the editing stage.
A final thought. Is it possible to add your own music to cover theirs?

Mike
Uniwoo wrote on 11/6/2006, 9:33 AM
Hey thanks for responding. I did discover that instead of affecting the entire interview, it only applies to one small section which could be overlaid or abscured by other sound, as one option. Those are good suggestions.
I wonder about how long a clip must be to have to have permission to use it, i.e. if there are so many seconds or something that after which you must obtain permission? I know with like sampling, there are some fuzzy rules which may be resolved of course with always getting permission no matter what, but I think in some people's eyes there is a matter of how big the clip is, or how significant or identifiable that is some measure. I might be mistaken. Any idea?
rs170a wrote on 11/6/2006, 11:49 AM
The thinking that "it's only 5 sec. (or 10 sec., etc.) so it's OK to use is definitely wrong.
Any use of any copyrighted music whatsoever has to be paid for.
Glad to hear that you can obscure it though as that'll save you $$$.

Mike
rs170a wrote on 11/6/2006, 3:43 PM
As a follow-up, the article My Voice, My Choice: Some basic copyright caveats by DSE/Spot makes for excellent reading.

Mike