Film Trailer Music Credits?

AndreH · 27th February 2007, 07:07 AM

I recently heard a piece of my music used in a feature film trailer, but I didn't authorize its use there. Is there a way to find out what production company put together the trailer so I can seek compensation (through ASCAP if nothing else)?

Thanks,
Andre

drBill · 27th February 2007, 08:11 AM

I'd go straight for the deep pockets. The film company distributing the picture.

The MPCist · 27th February 2007, 08:47 AM

Quote:

Originally Posted by drBill

I'd go straight for the deep pockets. The film company distributing the picture.

Yep. Call them and let them know that they're using your music without permission and tell them to have their production dept call you about licensing fees. If you talk to them positively (as if someone accidently forgot to call you, etc), you'll end up with money and perhaps a good window into working with them on future projects as well.

Only have a lawyer contact them as a last resort. Since, if they get a call from your lawyer, they'll hand the issue over to their lawyers who will drag the whole thing on and fatten their (lawyer's) pockets while you and the company end up as enemies.

Act positively. Unless of course you don't want your music on their film period.

If you don't know which production company it is. Wait until it is released. Then contact the distribution company to let them know that the licensing for your music was 'overlooked/misplaced' and have them tell you who the production company is....

MJGreene Audio · 27th February 2007, 04:53 PM

Trailers are always done by a "Trailer Company" in conjuction with the studio that is putting out the picture. As mentioned above contact the studio and try taking the polite high road first. Find out who the trailer company was if you can. The studios are very very careful about proper licenses for the music used in trailers. They don't want to be sued. If they find out that your music was used without a proper license then they will probably find a way to make it right. It may take a bit of time getting through the chain of command but be persistent. I say be persistent because the trailer company's usually have a library of music that they temp trailers with. Your music is probably still in that library of temp music and it may find its way into another trailer down the line. Once they find the music the like and that the director and studio heads like they will either go after licensing that music or re-recording the music in a way that is close to the original temp but not close enough to bring on a lawsuit.

I should also mention that you should find a way to get a copy of that trailer however you can. Youtube, or however you might find it on the internet and get a copy of it in case you have to take the legal route.

I have recorded and mixed the music for probably over 150 different trailers when I worked for a production company. One day the trailer company temped a trailer with a piece of music that they couldn't license and the studio head made it very clear that the next time they temped a trailer with a piece of music that he couldn't buy the rights to they would be fired!!!

They take trailers very seriously and it is a very big business for a lot of people.

Good luck,
Michael Greene

AndreH · 27th February 2007, 11:09 PM

Thanks for the info and suggestions! I'll report back.

Andre

Flymax · 28th February 2007, 12:17 AM

I bet you'll get paid..that was a slip up..

burst · 28th February 2007, 04:50 AM

MPCist : it's nice to see a friendly attitude handing out GREAT advice. Well done.

drBill · 28th February 2007, 08:18 AM

One of the best financial negotiating positions to be in is to have a piece of music in a film (or even a trailer) that's already been released. There is huge money riding on these films and having a piece of music in one that has not been cleared is enough to send the most steely attorney into neurotic mumblings in the corner.

I have a client that had 4 songs in a major feature (which shall remain un-named) that tried with due diligance to clear them with the powers that be studio attorney for a couple of months. The attorney was a hard a$$ and gave him $#@% for a couple of months while the studio tried to intimidate him out of his publishing. Eventually it got put to the bottom of the pile on the attorney's desk....then he went on vacation. For quite a while. No answered phone calls. Finally, he got back from his holiday and had a rude awakening a couple of days before the films release. The prints had already been shipped, the star studded premiere had passed and all was set to fly on a huge blockbuster. Needless to say, my buddy was pretty much in the catbird seat. He was gracious and let them off the hook, BUT he got paid very well. In reality, he pretty much could have held them hostage. But that's not really a industry career builder thing to do. Needless to say, I don't think the attorney works for that studio any more. :-)

Trust me, pieces of music don't just "show up" in trailers or films accidentally or on a whim. They have to clear EVERYTHING well in advance. Things are checked, double checked and gone over with a fine tooth comb during and after the dub. AND....if they have something in there they haven't cleared, it is a calculated move that is predicated on a directors "demo love" and his/her inability to not be able to live without it. Normally they would clear it - there is HUUUUUUuuuuuuuge money riding on trailers (one of the reasons we frequently see 30, 40, 50 even 70+ versions - who else would do that many versions???) - and if they didn't clear it, they're probably not aware of who it belongs to and are hoping no one notices. An insane, but calculated risk.

Get in contact and see how it goes. Beware, that the standard operating procedure is CYA with so much money riding on it, and you may not get a good response. If this happens, make sure to get an good attorney involved. After a good natured phone call and/or letter, if they don't come to your door apologising profusely, get a shark attorney.

chrisso · 28th February 2007, 09:52 AM

Yes.
You've received good advice here.
I wrote music for trailers.
Typically the trailer company would start constructing the trailer around ANY music that would work.
They used library music, pop music, other film music, hardly ever the actual music from the film.
Once the trailer was OK'ed by the film company, the trailer company went about clearing all the music involved.
If they couldn't clear something, or the original composer asked for too much money, I was called in to replace it. This would often be ten seconds here, 3 seconds there.
It was interesting and varied work and I feel I got really well paid for a very few seconds of used music.
You should be on to a winner, especially as the trailer is out there already with illegally used music.

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27th February 2007, 07:07 AM	#1
AndreH Gear nut Join Date: Jun 2004 Location: San Diego, CA Posts: 121	Film Trailer Music Credits? I recently heard a piece of my music used in a feature film trailer, but I didn't authorize its use there. Is there a way to find out what production company put together the trailer so I can seek compensation (through ASCAP if nothing else)? Thanks, Andre

28th February 2007, 12:17 AM	#6
Flymax Lives for gear Join Date: Dec 2004 Posts: 743	I bet you'll get paid..that was a slip up.. __________________ http://www.myspace.com/dreamlandrecording

28th February 2007, 04:50 AM	#7
burst Gear maniac Join Date: Aug 2003 Location: Milwaukee, WI Posts: 259	MPCist : it's nice to see a friendly attitude handing out GREAT advice. Well done. __________________ Daniel Holter on twitter on tumblr "It's easy to say you'll never sell out when no one's making any offers."

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27th February 2007, 08:11 AM	#2
drBill Lives for gear Join Date: Jul 2006 Location: So Cal Posts: 3,476	I'd go straight for the deep pockets. The film company distributing the picture.

27th February 2007, 04:53 PM	#4
MJGreene Audio Lives for gear Join Date: Mar 2004 Location: The Land Behind The Zion Curtain Posts: 997	Trailers are always done by a "Trailer Company" in conjuction with the studio that is putting out the picture. As mentioned above contact the studio and try taking the polite high road first. Find out who the trailer company was if you can. The studios are very very careful about proper licenses for the music used in trailers. They don't want to be sued. If they find out that your music was used without a proper license then they will probably find a way to make it right. It may take a bit of time getting through the chain of command but be persistent. I say be persistent because the trailer company's usually have a library of music that they temp trailers with. Your music is probably still in that library of temp music and it may find its way into another trailer down the line. Once they find the music the like and that the director and studio heads like they will either go after licensing that music or re-recording the music in a way that is close to the original temp but not close enough to bring on a lawsuit. I should also mention that you should find a way to get a copy of that trailer however you can. Youtube, or however you might find it on the internet and get a copy of it in case you have to take the legal route. I have recorded and mixed the music for probably over 150 different trailers when I worked for a production company. One day the trailer company temped a trailer with a piece of music that they couldn't license and the studio head made it very clear that the next time they temped a trailer with a piece of music that he couldn't buy the rights to they would be fired!!! They take trailers very seriously and it is a very big business for a lot of people. Good luck, Michael Greene

27th February 2007, 11:09 PM	#5
AndreH Gear nut Join Date: Jun 2004 Location: San Diego, CA Posts: 121	Thanks for the info and suggestions! I'll report back. Andre

28th February 2007, 08:18 AM	#8
drBill Lives for gear Join Date: Jul 2006 Location: So Cal Posts: 3,476	One of the best financial negotiating positions to be in is to have a piece of music in a film (or even a trailer) that's already been released. There is huge money riding on these films and having a piece of music in one that has not been cleared is enough to send the most steely attorney into neurotic mumblings in the corner. I have a client that had 4 songs in a major feature (which shall remain un-named) that tried with due diligance to clear them with the powers that be studio attorney for a couple of months. The attorney was a hard a$$ and gave him $#@% for a couple of months while the studio tried to intimidate him out of his publishing. Eventually it got put to the bottom of the pile on the attorney's desk....then he went on vacation. For quite a while. No answered phone calls. Finally, he got back from his holiday and had a rude awakening a couple of days before the films release. The prints had already been shipped, the star studded premiere had passed and all was set to fly on a huge blockbuster. Needless to say, my buddy was pretty much in the catbird seat. He was gracious and let them off the hook, BUT he got paid very well. In reality, he pretty much could have held them hostage. But that's not really a industry career builder thing to do. Needless to say, I don't think the attorney works for that studio any more. :-) Trust me, pieces of music don't just "show up" in trailers or films accidentally or on a whim. They have to clear EVERYTHING well in advance. Things are checked, double checked and gone over with a fine tooth comb during and after the dub. AND....if they have something in there they haven't cleared, it is a calculated move that is predicated on a directors "demo love" and his/her inability to not be able to live without it. Normally they would clear it - there is HUUUUUUuuuuuuuge money riding on trailers (one of the reasons we frequently see 30, 40, 50 even 70+ versions - who else would do that many versions???) - and if they didn't clear it, they're probably not aware of who it belongs to and are hoping no one notices. An insane, but calculated risk. Get in contact and see how it goes. Beware, that the standard operating procedure is CYA with so much money riding on it, and you may not get a good response. If this happens, make sure to get an good attorney involved. After a good natured phone call and/or letter, if they don't come to your door apologising profusely, get a shark attorney.

28th February 2007, 09:52 AM	#9
chrisso Lives for gear Join Date: Oct 2002 Location: Oz Posts: 2,665	Yes. You've received good advice here. I wrote music for trailers. Typically the trailer company would start constructing the trailer around ANY music that would work. They used library music, pop music, other film music, hardly ever the actual music from the film. Once the trailer was OK'ed by the film company, the trailer company went about clearing all the music involved. If they couldn't clear something, or the original composer asked for too much money, I was called in to replace it. This would often be ten seconds here, 3 seconds there. It was interesting and varied work and I feel I got really well paid for a very few seconds of used music. You should be on to a winner, especially as the trailer is out there already with illegally used music.