I am writing an experimental art piece about unwanted children and heard a piece of music by a living composer that is perfect for the beginning sequence . Do I have to ask his permission to use it?
Composing : Screenwriter's question by Ingrid Goldberg
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Yes. http://www.copyrightkids.org/permissioninformation.htm
for film you must get a sync license from the composer/copyright owner. If you use a pre-recorded track, you also need a "master use" license from the publisher/record company. If you are not including it in a film but just playing it during say an art exhibition, then you need to contact one or more of ASCAP/BMI/Sesac (or the appropriate royalty organization for the country you are in) to pay royalties to them on his behalf.
What studios and filmmakers often do to avoid paying high licensing prices is to contact a composer, provide the music track they like (which we often refer to as a 'temp track' since it is temporarily placed in a film to give the composer an idea of the style/feel and placement) and ask them to write, arrange, and perform/produce music that 'sounds like' the original but at less cost. Another option is to contact a web site of music and using search parameters to find a track to license that sounds like it (or in some cases they can contact the site and make the request and have someone search for them). This is often done, for example, by wedding videographers (who overlay music which they get typically by singer/songwriters etc for around $50 per song versus thousands for an original popular one). If you want an example of site, try www.musicsupervisor.com. This is one of many.
Hi Joel, Thank you for your in depth answer. If I write to the composer and he gives me his written permission will that suffice ? I am just a lone person with no company attached.
Make sure that you have something legally sound which specifies exactly what you can or can not do and what the cost is (or that it is no cost). Otherwise, you may risk the possibility of getting into a 'situation' with the composer that could impact the film after it is released. For example, he may only permit you to use the WAV file exactly as is and you may not have permission to trim it, delete parts or otherwise use it in parts. This is but one situation. You really don't want to assume anything in terms of use. Some composers may say OK and then when they hear it used get all 'bent out of shape'.
Wow! Thanks again, Joel, for your expertise . It sounds like it's better to try and find a new composer to collaborate with from the start. This piece is 90% images and music .
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there are enough people here who would offer their services. good luck.