Point and click music royalty payments

johnmeyer wrote on 11/12/2004, 2:26 PM

I have read Spot's excellent article on Copyrights. I have also searched and read many different posts in this forum, including Music Rights, Amateur Production: Licensing of Music Needed?, and Use of Music in Wedding Videos

My eyesight is terrible and my Internet connection has temporarily been reduced to 28.8 dial-up, so I may have missed something, but it doesn't seem that there is any easy way to just point, click, and pay in order to get a sync license to use popular music in an event video.

Most of my work involving synced music, up until now, has been for friends and family and therefore, while possibly in violation, would fall under the de minimis non curat lex that Spot describes in his article. However, I am no longer comfortable with this, even for my small (3-4 people) distribution, and am about to gain much wider distribution (50-150) for future, non-profit projects.

What I am looking for is a simple answer to a simple question: How can I point, click and pay for this license? I don't need lectures (which I’ve seen in other threads) on how I should do a better job searching, because I have searched these boards, the BMI, ASCAP, and several licensing sites. I have yet to find any crisp, specific, practical directions on what to do.

I also don't need the advice that I should "consult a lawyer" because I don't generally need to consult a lawyer every time I need to buy or license a product for my business.

If indeed it turns out -- as I am suspecting it will -- that there isn't such a service, then my disdain for the whole mess the music industry finds itself in will go up substantially. I believe that rocket scientists are best employed when launching missiles, and shouldn’t be needed for a drive across the street in the family car. Lawyers have their place as well, and I really don’t think I should need to hire one in order to use two songs in a five minute video.

I just want to pay my money, be legal, and then get on with life.

It seems very unlikely that any entity can long stay in business by threatening to sue all of its customers if they don't buy a license, but then give them no easy way to do so.

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Comments

rs170a wrote on 11/15/2004, 8:55 AM

As Bob (farss) has said, why are the American (and Canadian, for that matter) recording industries so afraid of adopting the Australian model? Looks like a win-win situation to me.

Mike

farss wrote on 11/15/2004, 1:06 PM

Maybe when we sign AFTA we can export it to the USA?
It does seem a good model, it still doesn't give you the right to drop a Maddona song into your for sale DVD though and nor it should, I think it's pretty much an acceptance of the reality that if your client already owns a copy of the music then they could play it on the CD player while watching their wedding video.
As to dropping a Maddona song into your for sale DVD, I gotta ask, what planet are you from? Why do you want some instantly recognizable music in your vid, there's plenty of stuff available for the right price that is appropriate. There's SonicFire, ACID, a whole heap of libraries to say nothing of hiring some musicians.
Don't laugh at the last suggestion, SPOT has suggested this many times and I can tell you, at least down here there's plenty that'll do a half decent job for nothing. That way you get to keep everything on the same level. If you're not paying the on screen talent then use matching talent off the screen, that way everything is cohesive.
I was asked to shoot some stills of some local talent last week, they couldn't afford $100 for me to give up a Sunday night. I thought that's odd, well no it wasn't, they don't get paid for their efforts and this was in a well known Sydney venue. But it gets worse, if they don't draw a big enough crowd they don't get invited back, figure that one out.
So I'll bet if I asked them to lay down a few tracks in a studio for free they'd be jumping at the chance, if I offered them a share of any profits I'd have to beat them away with a stick.
Everyone focusses on the big bucks that a very few performers are able to get, we forget for everyone of them there's probably 10,000 others who literally are lucky if they get to sing for their supper. My answer to your problems, put food in someones stomach, if nothing else it'll give you a warm fuzzy feeling.
Bob.

BrianStanding wrote on 11/15/2004, 2:26 PM

Amen, farss! I have always worked with independent local musicians to score my projects, and have been extremely happy with the results.

Look at it this way: you work hard to make sure your camera work and editing are original and distinctive. Why, then, do you want to use the same, tired old music everyone else is using (legally or illegally)? We wouldn't dream of making a movie using nothing but videotaped selections from "E.R.," why should we make a soundtrack using recycled commercial top-40 radio ear candy? (No offense meant to anyone in present company who's lucky enough to have a top-40 hit....)

Record companies and lawyers are pains in the proverbial tookus? To hell with 'em. I can get more interesting, unusual music by putting a handwritten sign up for an improvisational cellist in the local music department of the university than I could ever get by trying to license Celine Dion. I get a great soundtrack for little or no cost, the music student or local techno band gets a professionally recorded CD and a film credit for their portfolio. Everyone walks away smiling.

BJ_M wrote on 11/15/2004, 3:59 PM

http://www.bbc.co.uk/radio1/onemusic/legal/samplep01.shtml

good read and links at the end ... they do say though that for film and TV clearances , forget it now-days ..