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From www.filmmakers.com Music
Let's talk about why you should NOT do this. First and foremost - it's illegal, as in against federal law. Maybe you've heard of this - COPYRIGHT. Everyone already knows this, but dirt poor, no budget filmmakers think this law doesn't apply to them. Popular music costs a lot of money to use in your movies. That's probably why most people steal music & use it without permission. Secondly, here's where you have to consider another point of view (other than our own selfish, "I'm the filmmaker" view). If you can take their music without paying for it, then why should anyone ever pay for any aspect of your movie? Music is intellectual property, just like your movie will be. If you can steal their music without paying, then someone at a TV station or a website should have equal rights to steal your movie & never have to pay for it. On a moral and ethical level it's wrong to use music without permission. I am quite sure if you saw someone selling copies of your movie without paying you, it'd be like restraining Chris Farley at an all you can eat lunch special. What is the difference between stealing your movie or stealing someone else's music? NOTHING. What kind of arrogance makes us think we are more important than musicians? I remember being on a filmmakers panel at a Sci-Fi convention in May of 2002 and an audience member asked us all what our opinion was on using copyrighted music. I said I was against it. Another no budget company (one I co-founded no less) piped in with a speech about how it's okay to steal copyrighted music. They even said, and I have to preserve the accuracy in quotes "If someone catches you using copyrighted music in your movies - that's a good thing. That means someone important saw your movie." That is another perspective, and they have the right to think that {{Although I do think it's important to note that they recently lost over half of their 100 movies online for copyright violations} Who am I to preach? Have I ever put copyrighted music into my projects? Of course. Virtually every first time filmmaker puts music that's copyrighted into their movies. I did it a lot when I first started. Since then I have made every effort to get original music into my projects or I actual make arrangements for obtaining the rights and pay the necessary royalties. THE SOLUTIONS There are struggling musicians and songwriters just as often as indie filmmakers. Make a connection. Help EACH OTHER out. You can get their music played in a venue previously unavailable to them, and you can have original music that doesn't make you nervous to play at every film festival. It's also much classier to have your own music. It differentiates your movie from the dozens of others using the same songs. You can also get cheap "loop" programs like FRUITY LOOPS or Sonic Foundry's ACID. You can quickly and cheaply create music from loops and customize the speed, tempo, pitch and many aspects to make the music fit your exact needs. It's better than a "cease & desist" letter from an attorney and it's legal to use once you BUY the program (illegally copying programs is whole OTHER article). Stock Music libraries are an option. These cost money, but in the end it's much cheaper than popular music. Music ranges from El Cheapo type stuff where you can buy a CD of music for $250, then use it anytime for free (also known as "Royalty Free" music because you buy it once and own the right to use it anytime). Then there is the top of the line which is EXTREME MUSIC which is very expensive, but incredibly good. They charge "per needle drop", meaning you pay for each usage of the music, if you use it online - there's one fee, and if you use it on television, there is a different price, etc. If you are dead set on obtaining a popular song - SECURE THE RIGHTS. Go to ASCAP or BMI and find out how to get the proper licensing. "Internet Only rights" are cheap, and they invented something for no budget filmmakers with the "Festival Only Rights" to songs to make this more affordable to Indie Filmmakers like us. Try to do it legally, because if the RIAA is going after individual users that download a John Mayer song on KAZAA, then what do you think they'll do to a filmmaker trying to make money from using a song in their movie? It's not a slap on the wrist anymore. It's a lawsuit. SUM UP Will you get caught? Probably not, but lately, the risk is going up. I recently got a letter from an attorney for music I used in a movie I did from February 2000 that still lingered on a short film website, not even a popular site. I have since removed the movie from their site & I am re-editing to add original music. And because I am a former musician myself, let me say that I am not unsympathetic to the plight of indie filmmakers. Resist the temptation to steal music. I am giving away 9 songs for free to be used by any Indie Filmmaker completely free with full rights. These aren't the best songs, but they're free. CLICK HERE FOR FREE MUSIC TO DOWNLOAD FOR YOUR PRODUCTIONS, courtesy of Peter John Ross & Sonnyboo.com Peter John Ross & Sonnyboo Productions – Founded in 1999, Sonnyboo short films have played on 3 continents and at over 50 film festivals world wide. Projects directed by Peter John Ross appear on Tech TV, National Lampoon Networks, Movieola the short film channel, The “U” Network, and Vegas Indies TV. Sonnyboo films have been noted in such publications as RES Magazine, Ain’t It Cool News, Camcorder & Computer Video magazine, Film & Video Magazine, LA Weekly, Film Threat, the Village Voice, & Internet Video Magazine. Website: www.sonnyboo.com © Copyright 2003 by www.filmmakers.com |
