![]() On the other hand, if one or both did obtain copyright protection and has not fallen into the public domain, then you might need to get consent (see fair use discussion below). If one or both either never obtained copyright protection in the first place, or, alternatively, have fallen into the public domain, then you do not need consent to use that composition or recording. First, you need to determine whether the musical composition and musical recording you want to use ever received copyright protection in the first place, whether they are still under copyright protection or if they have fallen into the public domain. Thus the film or series producer needs to answer the following questions in regard to both works which are implicated through the use of a musical recording. Meanwhile, the music recording industry concerns itself with musical recordings, and its players are represented by the RIAA. The music publishing industry concerns itself with musical compositions, and its players are represented by the NMPA. While these two types of works are often woven together in a production sense, they are independent of each other for purposes of copyright law so much so that two wholly independent industries and industrial bodies have arisen. INTRO TO COPYRIGHT LAW: TWO SEPARATE WORKS, TWO DIFFERENT ANALYSES.Īnytime we are talking about using music in an audio-video work, whether it's a feature film, short film, series episode or interactive media like a video game, there are always TWO works at issue: the musical composition and the musical recording (called simply an "audio recording" under the Copyright Act because it applies to all audio recordings, whether musical or non-musical in nature).With that, here is a brass tax primer on music licensing for filmmakers. However, your project may vary significantly from others, and so you should engage and consult your own production attorney in connection with any and all music licensing. ![]() ![]() It is simply a breakdown of American copyright law, an explanation of music licenses commonly used in the motion picture industry, and other common practices. I thought it would be helpful to answer questions like lol: Do I need to license this/that song? Who do I need to get a license from? What does/should the license cover? THE FOLLOWING IS NOT INTENDED NOR SHOULD BE CONSTRUED AS LEGAL ADVICE. I have seen questions about music licensing pop up at least 2-3 times per week for the last few months it seems. I am a production attorney, and occasional producer. ![]()
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