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Author's Rights for film music tracks in US

Posted: Mon May 16, 2016 11:37 pm
by supersonic
Hi Guys. I am looking into the issue of author's rights for music (songs) written for an animation movie series. Here in Poland selling one's rights is not something one sees often. Most of us are members of ZAIKS (local rights organisation) and we cannot legally do that. The producer has proposed a friend composer of mine to buy out his rights all together. What it would mean in practice is that the composer forfeits his rights from CD sales of the songs included in the animation ( there are lots of them). The producer gave an example of "Let it go" from "Frozen" where apparently Disney paid the composers upfront in exchange for those rights. Is this something that is happens regularly? How does this work over there? I hope my question is clear...

Re: Author's Rights for film music tracks in US

Posted: Mon May 16, 2016 11:50 pm
by MIDI Life Crisis
I would ask your licensing agency (ZAIKS) for guidance as a start. Buyouts for something like that should have a very decent price tag attached, IMO. The guys I know who write for the likes of Disney, etc., retain broadcast income and screen credits, etc. That's probably the same with ZAIKS (you cannot sell the writer's share, only the publisher's share - which can be split by a percentage).

And frankly, if it's a big deal, a good attorney is essential to review, if not create, a "reasonable" agreement.

All that said, if a composer is just starting out and doesn't have a track record, and if the project can get them great PR and other exposure, that certainly has value and should be considered in the mix.

Re: Author's Rights for film music tracks in US

Posted: Tue May 17, 2016 2:16 am
by supersonic
My friend is actually a seasoned composer and has done many projects of that kind. It is the first time this issue has come up. I also have done a fair amount of work composing and never had that problem.

Re: Author's Rights for film music tracks in US

Posted: Tue May 17, 2016 6:41 am
by MIDI Life Crisis
Then congratulations are in order. He's reached the point where saying "No!" Is his best option.

Pass!!!

Re: Author's Rights for film music tracks in US

Posted: Thu May 19, 2016 1:53 am
by supersonic
I actually played his lawyer and explained to the producer (it is his first movie production and he doesn't know how this works) and we have sorted this out :-). The rights stay with the composer, the producer has the freedom to do anything he likes with the music and everyone walks away happy. And I get to work with everyone as the sound engineer (music production and mix). A Happy Ending a la Americaine ;-)

Re: Author's Rights for film music tracks in US

Posted: Thu May 19, 2016 7:03 am
by MIDI Life Crisis
"Do anything he likes?" So if they excerpt a small section for a BMW commercial that's ok? I don't think so. The key words in the agreement should be "in timed relation to the picture." So yeah, use it for that movie, as written only. You gotta be specific to protect yourself.

Re: Author's Rights for film music tracks in US

Posted: Thu Jun 21, 2018 7:12 am
by FMiguelez
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Re: Author's Rights for film music tracks in US

Posted: Sat Jun 23, 2018 12:00 am
by James Steele
FMiguelez wrote:We see what you did there. Get out of here, you spammer!

Post reported. Brace yourself for some Doris footware!
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Re: Author's Rights for film music tracks in US

Posted: Sat Jun 23, 2018 9:40 am
by MIDI Life Crisis
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Re: Author's Rights for film music tracks in US

Posted: Sat Jun 23, 2018 9:48 am
by Phil O
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