I got an e-mail today from ... a sort of a celebrity

Plot Device · Sep 29, 2007

Well, he's KIND OF a celebrity. He's a singer/composer/recording artist, and I mentioned in my blog a few weeks back that I want to include one of his songs in my script. I mentioned in that same blog entry that I was planning to send a permission-request e-mail to the company that owns the rights to the song. But then I chickened out and never sent it (I was dreading a huge legal ordeal or a hefty price tag). So that blog entry is the only evidence of the existence of my intent.

And then today that same singer/composer/recording artist ........... e-mailed me! (Musta' had one of those net-sweeper 'bots prowling the cyber highway looking for all instances of his name--either him or his publicist or someone affiliated with him.) It was a very friendly e-mail where he explained that my blog entry is correct: he unfortunately does NOT own/control the copyright on that particular song and that I would need to contact the recording company that does. And he closed his e-mail with: "I wish you all the best! Let me know if I can help."

And I thought: "Cool! (And what a nice guy!)"

So now I'm going to send him a heartfelt "thank you." And then send off to that company the permission-request e-mail that I have had sitting in my dafts for several weeks now. In it I make a request for four (possibly five) licenses:

1) A "Print License" for the electronic and hard copy versions of the script I've written, as well as for permission to make additional electronic and hard copies of the script to distribute amongst any potential producers, cast and crew for any potential film deal that might result

2) A "Mechanical License" for permission to have a team of child actors sing/record the song on camera during the film shoot and/or in a recording studio during post-production of any film deal that might result

3) A "Synchronization License" (not sure about this one because I was under the impression that a Sync License is only needed when a filmmaker wants to use the original recording of the song by the original artist, not an alternate recording made specifically for the film)

4) A "Master Use License" (again -- not sure, for the same reasons as #3 above).

5) Other (?)

Hopefully they won't charge me anything or make me sign away my soul or make me haul a lawyer into the whole endeavor (al of the fears that made me chicken out in the first place).

Mac H. · Sep 30, 2007

Sounds interesting, but should you be chasing it up now?

What is going to happen?

If you leave it to the production guys (who do this for a living) to negotiate a good deal when the film is at that stage, they'll get a much better rate than you could probably get. They have options that you don't - such as agreeing to use another song controlled by the same licensing group.

On top of that, the rates are determined by what market it is for. For example, rather than negotiate and pay a single fee to cover the entire planet, it is more usual to get one just for the original country - with prices worked out for other markets. Then, when you get money for distributing the film in Equador, the Equadorean distributer (or you) can pay the extra license fees for that market. After all - why pay now for every single area in the world .. when you may never get distribution in Antarctica?

From the point of view of a non-lawyer, you shouldn't need to get a 'print license' for distributing the script to potential producers. (They will want money for it, though - but you shouldn't pay it) Why not? It is basically covered as fair dealings/fair use ... your script is basically a business plan with details of their product - suggesting they buy their product and your story to produce a new work. It is just like taking a photograph of an artwork and putting it in a 'for sale' advertisement or 'I want to buy this' ad.

For a sample of rates & license types (with quick descriptions) see: http://www.apra.com.au/music-users/downloads/PM_AustralianRateBook.pdf

Mac
(Note: I'm definitely not a lawyer)

Will Lavender · Sep 30, 2007

I wanted to use four lines of a Nirvana song as an epigraph in my novel.

The record company's asking price? Four hundred bucks.

And that was just for the US. I had to write Geffen Records and personally request rights for the rest of the world.

Plot Device · Sep 30, 2007

Mac H. and Will Lavender, thanks so much!

To be a tad more explicit: the song is a church-y type song. And its copyright is currently held by a Christian recording company. It is NOT a pop song from the likes of Michael W. Smith or Amy Grant (the kind you might hear on a pop radio station). It's the kind of a song used exclusively in a church setting during a song service. And the (huge!) Christian music publishing company that owns the rights to the song has a copyright department that handles two types of requests all. day. long. 1) Commercial requests, and then 2) non-profit requests from church groups that want to use certain songs for church functions (like plays and radio broadcasts and whatnot). So they MIGHT deem this a non-profit request because I'm planning to enter the script in a contest. And part of the contest is I have to sign off that I own the script and all contents in the script, etc.

So this isn't Nirvana I'm dealing with here. So I'm kinda hoping that maybe they'll be a little kinder than to demand four-hundred dollars of me.

Mac H. · Sep 30, 2007

A Christian music publishing company ?

Good luck - It'll be interesting to see what they allow.

Mac
(PS: Are Michael W. Smith & Amy Grant still around ? I haven't been involved in that kind of stuff for over 15 years .. but they were big back then. I'm suprised to see that they are still big!)

Plot Device · Oct 1, 2007

Mac H. said:
A Christian music publishing company ?

Good luck - It'll be interesting to see what they allow.

Mac
(PS: Are Michael W. Smith & Amy Grant still around ? I haven't been involved in that kind of stuff for over 15 years .. but they were big back then. I'm suprised to see that they are still big!)

Thanks!

I'll let you know.

As for Mr. Smith and Ms. Grant, I don't believe either of them are actually "big" anymore (I also am out of the whole "Contemporary Christian Music" scene right now myself). However, they were the first true super-stars when CCM first hit the airwaves twenty years ago. And so rather than making any claim to either of them being current day giants, I am instead moreso borrowing from the toweringly iconic aspect of their mutually impressive legacies here in my post.

justpat · Oct 1, 2007

That is cool that he took the time to write you.

zeprosnepsid · Oct 1, 2007

Yeah, I'm confused. You are trying to get the rights to use a song in your script? I'm fairly certain you don't have to do that...

In fact, it'll probably only make a future producer mad if you don't do it to their specifications. It also makes your contract negotiation more complicated since you went out and did the work of a producer already and possibly spent money to do so. I think this hurts you, not helps you.

Plot Device · Oct 1, 2007

zeprosnepsid said:
Yeah, I'm confused. You are trying to get the rights to use a song in your script? I'm fairly certain you don't have to do that...

In fact, it'll probably only make a future producer mad if you don't do it to their specifications. It also makes your contract negotiation more complicated since you went out and did the work of a producer already and possibly spent money to do so. I think this hurts you, not helps you.

Really, Zep? I'm happy to NOT bother with all this work, as long as it's "okay" to submit a script to a contest which includes a song that I have no rights to.

If you can assure me "no biggie" then I'll just let it slide and enter the contest anwyay.

Plot Device · Oct 1, 2007

justpat said:
That is cool that he took the time to write you.

Yeah it is!

And if what Zep says is true, then I won't bother with the music company, and at least maybe get the blessings of the actual artist (whom I am now in e-mail contact with).

And if, on the one hand, the artist tells me he hates my script and that he'd be outraged if I included his song in it, then I will respectfully remove his song from it out of professional courtesy and artsitic repsect/integrity. But if, on the other hand, he LIKES my script ... well ...

That never hurts, right?

zeprosnepsid · Oct 2, 2007

Plot Device said:
I'm happy to NOT bother with all this work, as long as it's "okay" to submit a script to a contest which includes a song that I have no rights to.

I can't assure you, I guess you can look at the contest rules, but I've never heard of someone getting the rights to a song for a script. Or getting the rights to use Applebee's as a location, or get permission for that running gag where the character drinks Pepsi, or get the rights for that kid in the movie to watch 'Powerpuff Girls' (although screenwriting books will tell you not to be this specific, there is no legal problem with being this specific).

There are plenty of contest scripts that have scenes like 'Casablanca plays in the background, Bogart can be heard: "Here's looking at you kid" '. Someone will need to get the rights to that eventually, but it's never the screenwriter.

From Alex Epstein's site: "From a copyright standpoint, there is nothing to stop you from putting a famous song in your screenplay."

Maybe someone can tell you different, but I'm pretty sure this isn't done.

Plot Device · Oct 2, 2007

Hey, Zep, this is good stuff! (And a load off my mind too.)

Meanwhile, I am actively exchanging e-mails with that recording artist, and in his latest e-mail he says he wants to read my screenplay!

zeprosnepsid · Oct 2, 2007

Well that's always good. It could be a good avenue. You never know! Good luck!

I got an e-mail today from ... a sort of a celebrity

Plot Device

A woman said to write like a man.

Mac H.

Board Visitor

Will Lavender

Everything is what it seems.

Plot Device

A woman said to write like a man.

Mac H.

Board Visitor

Plot Device

A woman said to write like a man.

justpat

QueryTracker

zeprosnepsid

Plot Device

A woman said to write like a man.

Plot Device

A woman said to write like a man.

zeprosnepsid

Plot Device

A woman said to write like a man.

zeprosnepsid