Using Copyrighted Music in Online Film Contests

[Madwld19]

This question is in regards to both the online contests here at studentfilmmakers.com and the use of unoriginal music in film in general. I know that specific permission is needed to use copyright music, which I'm guessing is not permitted in a film submitted to the contest. However, is it legal for someone to use music that dates back to time before copyright laws, such as classical music?

Thanks, Mark

 

[temerson]

This is a difficult question. Now, I am not a lawyer, so do research. However, in my experience, the following is usually what goes into credits and permission for stuff like this:

If it goes back to before copyright laws, MAKE SURE that there is no copyright on it anyway. For instance, Nathaniel Hawthorne's works were created before modern copyright law. However, his estate (his family, I believe) did copyright his works. So, even if it was created before copyright laws existed, it still may have a copyright on it.

Secondly, as far as music goes - the copyright is going to belong not only to the artist, but to the people who perform it. For instance, while a symphony may not have to pay for rights to perform a requiem by Mozart, any person that wants to use THAT SPECIFIC RECORDING must get permission from the symphony. I know it sounds silly, but if the Boston Pops orchestra recorded the one you want to use, you would have to get their permission. However, I know that there are TONS of companies that offer free recordings of classical music. You just have to find it.

I hope this helps.

 

[Dodo]

I think you are almost right temerson.

From what I know about the USA laws (the same goes for a big part of the world), most of what you said is correct.
But a few things are missing.

Here the A´s Dodo style.

All music rights are basically split in two.
The rights to the song itself and the specific recordings.
However, if the composer has been dead for 75 years or more, anyone can do their own recording and use it any way they want.

In order to put a song into a film you need to clear both the rights to the song AND to the recordings. (I´m not too sure about this part)

 

[Madwld19]

Thanks guys. I'll definitely look into finding a free recording of a classical piece.

 

[Guest]

Acid music has some free downloads, enough that one of our filmmakers was able to download and compose an entire 20minute score for a major distributor, it was classical type music for old short films from the 30's.

Here's a link I found, this might be where he got the downloads I think. There were about 200 free ones or close to it.