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Topic: Getting permission for music (I know, I know!)
Message: Posted by: Jonathan (Aug 3, 2009 01:01AM)
The info I've read on here is for licensing rights, which I believe I understand. What I'm curious about is getting permission from whomever owns the music and if you have to pay how much is typical.

1) I know many on here pooh pooh the idea of using royalty music. But, it's only a VERY small percentage of music that is known to most people. There's a ton of really great music that no more than one person in every show will have ever heard. And I'm familiar with royalty-free music as I was a feature film producer in another life. I've heard a ton of free music and have yet to find anything I liked!

2) What specific steps do I need to take to get permission and be worry free? (again, not worried about licensing by ASCAP/BMI. I found good info on that already)

3) How does it change for indie artists' music?
Message: Posted by: Dan McLean Jr aka, Magic Roadie (Aug 3, 2009 06:25AM)
Hello, Jonathan!
Contact ASCAP, BMI, or Harry Fox, tell them what info you want, and they'll point you to the place with the right answers.
Message: Posted by: Jonathan (Aug 3, 2009 04:52PM)
I've heard that, but the only cantact stuff I can find on ASCAP is for licensing issues. :-/
Message: Posted by: Dan McLean Jr aka, Magic Roadie (Aug 3, 2009 09:50PM)
Answers that you get here may not be reliable. Call ASCAP, BMI or Harry Fox, because although I don't think they do what you're looking for, if tell them what info you want, I think they'll point you to the place with the right answers. What they do is RELATED to what you want, so they will probably be able to point.
Message: Posted by: Jonathan (Aug 3, 2009 11:44PM)
There's gotta be someone on here who has had to do this, right?
Message: Posted by: Dan McLean Jr aka, Magic Roadie (Aug 4, 2009 05:21AM)
Seacrest OUT!
Message: Posted by: marty.sasaki (Aug 4, 2009 11:42AM)
[quote]
On 2009-08-03 17:52, Jonathan wrote:
I've heard that, but the only cantact stuff I can find on ASCAP is for licensing issues. :-/
[/quote]
Isn't this about licensing?

Make the call, or send them email. They will direct you to the proper place. There maybe a canned response, in which case you can put it here so that others can learn.
Message: Posted by: Jonathan (Aug 4, 2009 12:02PM)
Licensing is different. You have to purchase a license to use ASCAP/BMI music. But even if you have a license you have to get permission from the owner of the song via a contract.

It's like the difference between getting a drivers license and buying a car. At least that's the way I understand it.
Message: Posted by: BradBrown (Aug 4, 2009 03:19PM)
It is a licensing issue, but there are different kinds of licenses, including mechanical, performance, and synchronization. A quick google search turned up this page that explains the differences: [url]http://www.legaljungleguide.com/resourc/musician/articles/songwriting.htm[/url] It's written from the musicians perspective, but it will at least help you get a handle on the terminology.
Message: Posted by: Jonathan (Aug 4, 2009 03:57PM)
Thanks, Brad. However, that confirms my understanding as the performing license (the only one that applies here) is through ASCAP/BMI and not what I'm referring to.

But, reading that makes it sound like you don't need specific permission from the owner of the music. Surely, getting the performing license (which only venues can get, not magicians) isn't the only thing you have to clear, right?
Message: Posted by: BradBrown (Aug 4, 2009 04:18PM)
First, IANAL!

The performance licence is not the only one that applies. If you are doing a performance to music, then you would need a sync license as well. The web page I pointed to described using a sync license for movie/TV, but it applies to live performance as well. That's why I go with royalty free that includes sync and mechanical licenses. (However, I repeat my IANAL warning. Listen to me at your own risk!)
Message: Posted by: Jonathan (Aug 4, 2009 05:58PM)
Brad, you are right. At least according to what I just read.

For those that are interested, here's a company that will help with all music clearing tasks:

http://www.signature-sound.com/11quest.html

I'll probably use them.
Message: Posted by: Bill Nuvo (Aug 4, 2009 06:09PM)
Should post that up on the Music Copyright sticky
Message: Posted by: Jonathan (Aug 4, 2009 07:22PM)
There's a couple of others out there I found on google as well. Have no idea who is the best or cheapest. :-/
Message: Posted by: silverking (Aug 6, 2009 01:44AM)
You get permission from the [i]publisher[/i] of the music for various uses of the music.
The artist chooses their publisher, or can sometimes be the publisher themselves (usually licensed as a business with a different name than their own given names).

BMI, ASCAP, etc, generally collect royalties on behalf of the artist and their publishing company, but can also steer you in the right direction (often directly to the publisher of the song you're asking about).

Using a third party to do the music clearance for you is certainly easy, but because nothing is free, you will pay a fee. It makes things easier, but it costs money......what's new?

Having said all of that, The Magic Café is definitely [b]not[/b] the place to get legal advice from when it comes to music publishing and song usage rights.

One thing is certain, the appropriate Royalty Free music package is going to always be less expensive, easier to buy, and far cheaper overall than will be a license for a popular song from any era.