Just ask president bush about the appropriate use of music in your show...i understand that he used a song by john hall without permission...not a bad song but I guess not so when the artist is a kerry supporter!...oops!

I think it's important that the music you use compliments your character. For instance I've used Back in Black by ACDC and various Black Sabbath tunes as they suit the attitude of my character. I wouldn't use these for a kids show, though

Something the kids are familiar with helps. Easily recognizable.

But I found an import to open mine with and it appears they like it. I also perform a dance with magic to the song. BTW: I've attempted to contact the publisher also for permission and got the runaround.

Andy and Arthur,

Correct me if I am wrong. Is it true that as long as you edit the music with atleast a 30% difference from the original that it is safe to use?

Donster told me something to this effect. I'm not sure about the percentage but he may know MDS.

Dear Matthew,

Radio and TV stations have the right to use a few seconds of existing mainstream music as promo material. For example, let's say a TV news program has a Shania Twain interview coming up. They can use a few seconds of any of her songs to promote the event. But ONLY a few seconds (I don't know the exact amount of time, but it's probably single digits). Anything exceeding that allotted time means they are violating copyright law. Then they have to negotiate a license to play the music … PRIOR to broadcasting. It gets quite complicated.

For example, some of my original songs have been featured on MTV or VH1 specials. In every case (even if they used just a portion of my music as a promo) the TV programs had to negotiate a fee with me. Without exception, detailed legal documents were drafted and signed to protect both parties, avoid copyright infringement, and assure complete legitimacy. In addition BMI was notified of the broadcast times so that they could collect performance royalties on my behalf.

Many variety artists (magicians, clowns, jugglers, etc.) tend to think the law does not apply to them. I’ve been reading some of the posts on this Forum, and I sometimes I just can’t believe how many people THINK they know what they’re talking about, but really don’t have a clue. I’m not being critical … just amazed at the lack of knowledge out there.

As regards being able to use a portion of a song, as long as it’s edited … I don’t think so. I would imagine the same thing applies to us variety artists, as applies to the media. I've never heard of the concept of being allowed to use 30% of a copyrighted piece of music as long as it's edited. You could re-record an existing song with your own band (say Back in Black by AC/DC), but even though it's your own musical interpretation, you'll still owe royalties to the composers and lyricists who wrote the song, as well as the publishers. Let's say you use AC/DC's original recording, but you only use the musical introduction, cut out the singing parts, splice on the lead guitar solo, and then the ending. That's probably less than 30% of the song. But if you use that in a venue where music use is monitored by music rights organizations such as ASCAP or BMI, you will still be eligible to pay compensation to the composers, the publishers, the band members, the record label, the record producer, and any other copyright owner who owns a piece of the song.

There’s a lot of great music to be found that’s in the Public Domain. This means it was written so long ago that the copyright has expired. That means the public are free to use that composition (for example a Mozart Serenade) without having to pay the composer. But check this out: Even though the SONG may be in the public domain, if you use a new recording of that song, you are still legally bound to pay royalties to the record label, the musicians, the producer, etc. who created the new recording! Hope that makes sense. There’s a lot more to it than meets the eye.

- Arthur Stead

Thanks for that enlighting post Arthur.

I believe Baby Elephant Walk is from the movie, "Doctori."

Jim

The other problem with using Pump Up The Jam, Baby Elephants Walk, Mission Impossible Theme and the like is that, not only do we not have the rights to them, but these songs have been overused by performers (magical and otherwise) to the point of being cliched.

Sure, they 'kind of' fit with the show but I find they make most performers look a bit pathetic when the trot out these songs YET again!

Imagine if every spy movie pulled out Mission Impossible them ripoff or every dance party movie used Pump Up The Jam.

I'm sure that SOMEONE will say "Well...they are popular for a reason so we should use them." But by using them we end up looking unoriginal and dated. (by dated I DON'T mean old music but rather songs which have lost some of their impact over the years thanks to overuse)

Kelly Duro mentions elsewhere in FX that the music who choose expresses apart of your character and the decesion to add music to your act should not be entered into lightly.

I used to use covers in my Magic Shows and got a, " Not That Song Again!" reaction from the audience when I played Uptown Funk. Also, when I played Tubular Bells I heard some people laughing. So I changed. Since I am a Songwriter, Singer, I started using my Original Recorded Songs and Music. Luckily I have slow and fast songs. After that, I never had anyone laugh or say they have heard that before. For those that do not have their own music, I recommend picking songs that are good but not so popular. Cheers!