Rights and clearances - legaleze for a film score

[angopop]

Rights and clearances - legaleze for a film score

An old friend of mine is a filmmaker who has asked me to score his film.

He's going to pay me for my time and work, and I will give him music that he can use without any future headaches.

Basically:

*. He only wants the rights to use the music in the film, and makes it clear that I can still use the music any way I want to outside of the film.

*. I want to give him permission to use the music in any variation on the film that comes up (ie: dvd, vhs, internet, soundtrack, podcast, tv broadcast, etc...)


A few questions for anyone who has done this:

1. How should this be worded and arranged?

2. Are there standard agreements/ contracts that will explain everything. Neither one of us wants to spend $$ on a lawyer.

3. Is there anything else I should be asking or knowing about?

Thanks in advance.

[Albert]

Buy a book called "This Business of Music", by Shemel and Krasilovsky. There are extensive contract forms in the appendices of the book, and you can mix and match sections from the various contracts as suit your needs. That said, unless you have some experience, consulting an attorney would be a good idea.

[chrisgraff]

If you're 100% certain that he won't screw you....you don't need a contract

If you're 100% certain that he'll pay you...you don't need a contract

If you're 100% certain that he won't suffer amnesia over the finer points of the deal...you don't need a contract

If you're 100% certain that the movie won't get picked up by a major studio at which point they claim you've reliquished all ownership/copyrights to the work(s)...you don't need a contract

If you're willing to chalk it up as experience if the whole thing goes south...you don't need a contract.

Something...anything....I'd get a contract. Maybe you know someone else who already paid for one? The other suggestion sounds reasonable as well.

[davidl9999]

One thing I've learned from Biz Law is "less is more".

Be concise.
Don't put in exceptions, unless they're absolutely necessary.
Don't give more than the other person is asking for.
Don't give away rights you might regret later.

It seems to me that if you give him permission to use your work in derivative forms (other film formats, etc.), that may allow him to transfer that permission to a 3rd party (such as a major studio) should someone buy the rights to his work. Obviously any money you could have made on such a deal would be forfeited. So, I'd ensure that any rights you give to him are *not* transferrable to 3rd parties. (This should also apply to volume print runs paid for by 3rd parties while your friend might still own the rights to the film...)

Oh, one last thing:

DO consult an attorney. If you can't afford one, a paralegal might be a a viable alternative. It sounds like the issue isn't about your friendship, and that's a cool thing. What is possible is that there might be some law that preempts or changes what you are trying to agree on. It would be unfortunate to find out that what you agreed on between yourselves isn't the same as what the courts interpret.

-Dave

[wildstar]

Originally Posted by angopop

Rights and clearances - legaleze for a film score

An old friend of mine is a filmmaker who has asked me to score his film.

He's going to pay me for my time and work, and I will give him music that he can use without any future headaches.

Basically:

*. He only wants the rights to use the music in the film, and makes it clear that I can still use the music any way I want to outside of the film.

*. I want to give him permission to use the music in any variation on the film that comes up (ie: dvd, vhs, internet, soundtrack, podcast, tv broadcast, etc...)


A few questions for anyone who has done this:

1. How should this be worded and arranged?

2. Are there standard agreements/ contracts that will explain everything. Neither one of us wants to spend $$ on a lawyer.

3. Is there anything else I should be asking or knowing about?

Thanks in advance.

You should write up an agreement, even a "deal memo" style letter, that clearly states that you are writing original music for his film, and that the music is NOT a work for hire. This will prove your ownership of the music should any problem come up in the future. In the deal memo, state that you will provide him (or the producer, or the production company, or whoever owns the film) with a master and sync license to use the music you've written and recorded. These two licenses are for this exact type of situation, where you, the copyright holder, grant someone else permission to use your composition and the particular recording of it in sync with a film. They do not get ownership of the music, and can't use it for any other purpose. You can grant licenses to other people on the future, if you want.

You might be able to find fill-in-the-blank type master/sync license templates online (try the film music network - google it.)

Even if it's a friend, you MUST have at least a deal memo, state that it's not music for hire, specifiy that you are writing and recording original music, and grant these licenses.

My friend scored Supersize Me for little or no money, because he is friends with the director. He only requested that the deal memo state that is was not work for hire and he (the composer) retained copyright ownership. The license specified that it only applied to festivals and non-profit situations. When Supersize Me exploded at Sundance, suddenly mooks, suits, and Hollywood lawyers were sticking their slimey hands into the project for theatrical distribution. They FREAKED when they saw the deal memo. It meant that my friend could charge a licensing fee for them to distribute the film nationally.

My friend didn't hold up the film or screw anybody over. He was able to simply ask for a reasonable fee, since he was paid next to nothing for writing the music originally, and the mooks had to pay. They were pissed because they would have preferred to pay him absolutely nothing. The director of Supersize Me had no understanding of the legal/copyright issues, and was very confused by all the hysterical screaming of the lawyers. They made him think that my friend was screwing everybody. My friend explained the way copyright works, the director agreed that everybody should just do the right thing, and they are still friends. The mooks were bound by the deal memo.

Scumbags.

Point is, you never know what can happen. Cover your ass, and protect your interest in your own work.

No one else is looking out for you.

Best of luck, and have fun!