Who holds the copyright to music?
There is a difference between an author and a copyright holder. In most cases, the author maintains the moral right to be credited for the work; however, in many situations, the authors give up their copyright holder rights when they are contracted (work for hire) to produce the work. It is important to identify the copyright holder for permission and the author for crediting purposes.
Who grants each of these licenses?
This answer has two parts. To use copyprotected music in an ani- mation you must first secure a synchronization license. Either the author or the publisher grants the synchronization license, depend- ing on who holds the copyright. The copyright holder’s contact information can usually be obtained by inquiring at www.bmi.com, www.ascap.com, or www.sesac.com. If a synchronization license is granted, you can then pursue a master use license, if so desired. The record company typically grants master licenses.
Do I need permission to use copyright-protected material if I am not charging money for exhibition or distribution? The copyright law is designed to protect the holder from any unwanted associations that might occur when his or her material is synchronized to image; therefore, obtaining a synchronization license is always required. In some circumstances you can use the work without permission; these exceptions are outlined in the sec- tion regarding fair use. Perhaps the most important test for fair use is whether the use will affect potential income. We do not have the right to share or distribute another artist’s work for free.
Is it okay to use copyright-protected music without permission for class projects?
Only if it meets the fair use tests discussed earlier in this chapter. Is it okay to use copyright-protected music without
permission if I only use a small portion of it?
If fair use has been established, then small portions of a given work may be used. A general guideline for music is 10% of the work but not exceeding 30 seconds of any individual selection; however, if what is used is qualitatively substantial, even less material may be used. If you are copying material, it is better to get permission or a license. You cannot escape liability for infringement by showing how much of the protected work you did not take.
Is it legal to put copyright-protected work on a demo reel? Students may incorporate portions of lawfully acquired copyright- ed works (you own an original copy) when producing their own educational multimedia projects for a specific course. If the origi- nal use of the material complies with fair use, it can be used in a demo reel to demonstrate academic achievement. Fair use does not cover using music solely for entertainment value.
Will festivals allow animations containing noncleared copyprotected music?
Festivals will not knowingly allow animations containing non- cleared copyprotected work. It should be noted that most festivals charge admission fees to attend screenings. These admission fees exceed the parameters for fair use. In addition, some animation festivals distribute and sell copies of their featured works. Works submitted to festivals that produce and distribute copies are subject to videogram licensing. Publishers frequently grant “festival-use only” sync licenses at a minimal license fee. A “festival-use only” license can be written with a built-in option for expanded use, such as theatrical and consumer release. The expanded-use option will often result in a “real” license fee rate.
Are sound effects copyright protected?
Sound effect recordings are copyright protected under U.S. copy- right law. Commercial sound effects libraries are typically pur- chased with a buy-out license. A buy-out license allows the owner to use these SFX royalty-free on unlimited projects as long as they are affixed to animation.
If I alter copyprotected music or SFX, can I use them legally? Altering copyright protected audio constitutes two violations of the copyright law (with regard to the right to reproduce or modify the work). All changes in the melody or lyrics require permission for derivation.
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If I make an arrangement of the music, can I record and synchronize it to my film?
There is no way to get around the synchronization right; however, once you obtain this right, you can make an arrangement of the work that customizes it to the image. Remember, the arrangement cannot alter the basic melody or lyrics. To do this, you must obtain the right to make a derivation from the copyright holder.
Can I use copyprotected material if I credit the author in my work?
Crediting the composer is not a legal substitution for obtaining a synchronization right; it will only keep you from plagiarizing.
Can I use copyright-protected music for a temp score? The use of copyprotected music for temp score is a fairly safe option as long the exhibition of the temp is limited to the classroom or production company and not the general public.
Can I legally synchronize a preexisting recording of public-domain music on my film?
Public domain does not extend to the sound recording but rather to the music itself. The sound recording is copy protected even if the works contained in it are in the public domain. You will still need to obtain permission to use the recording from the party that holds the master rights. Fortunately, you do not have to ask permis- sion to record a new version.
What can I use from the Internet?
Many people still believe that material obtained on the Internet is cleared for use. In reality, there are few enforced standards as to what can be put on the Internet. As a consequence, abundant copy- right infringements can be found on the Internet. Those who use material obtained from the Internet are responsible for ensuring that the material is legal. It should also be noted that copyright
notices are no longer required. In general, anything that is formal- ly published is generally more compliant with the copyright laws than materials found on the Internet; therefore, use downloaded material with great caution.
Do I have to get it in writing?
Yes, our legal system does not take anyone at his or her word. Verbal permission is a casual approach to a very formal legal sys- tem. Always get it in writing.
How long does it typically take to get synchronization and master licenses?
Many factors will influence the timeline for obtaining any of these licenses. Preparing a focused request is one of the few things you can do to minimize the processing time. When developing the quote requests, call the publisher to obtain directions for submis- sion. Most publishers require requests to be fully completed and faxed to their licensing department. Wait anywhere from 10 days to several weeks before following up on the requests (always note the dates you need the license). Your request will be prioritized based on earning potential. Allow several months to complete the syn- chronization, master, and videogram requests.
Why was my request denied?
Rejection is a very real possibility for small projects with limited budgets. In some cases, the song may be under exclusive contract or the artist does not want to be associated with the project. Copyright owners may be holding out for bigger budget projects to maximize their profit. The best way to ensure that your request is accepted is to limit the terms of the request.
Do I have to credit the composer in the film?
As a fellow artist, this point should be obvious. Even if you are using buy-out music, it is important to credit all artistic contributions.
Are sample libraries copy protected?
Some companies who produce sample or SFX libraries require screen credit when selections are synced to image. One reason they do this is to promote the concept of owning the library. At least one party in the production should be a legally registered owner of the library.
Can I synchronize a MIDI version of a copyright-protected work to my film?
All aspects of the copyright law apply to MIDI files and the sounds used for their playback. MIDI files do not circumvent the copyright law; in fact, the MIDI file itself can be copy protected.
Can I record my own version of the song and synchronize it to my animation?
If you get a synchronization license but are denied master rights, you can still have the song in your animation. To do this, you will have to secure a group to record (cover) the song. If you fail to secure a synchronization license, the only way you can use the song is if it meets the criteria for fair use.