Another copyright question

[Trevor Jackson]

I let a film maker friend of mine use a song for a short film which was subsequently aired several times on PBS and elsewhere. I signed something saying she (my friend) had the right to use the song for any purpose but there was no transaction (monetary or otherwise) accompanying that, and the film lists my song as being copyrighted by me in the credits. I don't know exactly what I signed or what its legal implications are, but now I want to include that song on an album. Since the song was used previously on a publicly released work, and I conceded the right for the song to be used (free of charge) am I going to have a hassle publishing it on a new album?

[ozmoz2008]

I let a film maker friend of mine use a song for a short film which was subsequently aired several times on PBS and elsewhere. I signed something saying she (my friend) had the right to use the song for any purpose but there was no transaction (monetary or otherwise) accompanying that, and the film lists my song as being copyrighted by me in the credits. I don't know exactly what I signed or what its legal implications are, but now I want to include that song on an album. Since the song was used previously on a publicly released work, and I conceded the right for the song to be used (free of charge) am I going to have a hassle publishing it on a new album?

There is absolutely no problem there, unless you have signed a publishing deal that specified an exclusivity...and that have to be paid for.

Also make sure you are registred with your copyright society in your country...if in US it's ASCAP or BMI...Also if you have more specific questions, don't hesitate to contact them directly.

You should be entitled to received some royalties for the airplay on PBS.

All the best to you and your music!

[eduardo_b]

I let a film maker friend of mine use a song for a short film which was subsequently aired several times on PBS and elsewhere. I signed something saying she (my friend) had the right to use the song for any purpose but there was no transaction (monetary or otherwise) accompanying that, and the film lists my song as being copyrighted by me in the credits. I don't know exactly what I signed or what its legal implications are, but now I want to include that song on an album. Since the song was used previously on a publicly released work, and I conceded the right for the song to be used (free of charge) am I going to have a hassle publishing it on a new album?

You probably mean she could use the song for any purpose in connection with the film...yes? Doesn't really matter because you retain ownership of the song and can use it as you wish. Only if she had exclusive use of the song could there be a potential conflict with your using it on an album.

[Trevor Jackson]

I can't remember the exact wording of what I signed, but, I think its true that if I give exclusivity to someone, it would have to be under someone else's publishing company and it would have to be for a consideration ($$) which never took place. I'm just wondering what I have to do in terms of paperwork to account for this song being in a previously publicized short film.

I let a film maker friend of mine use a song for a short film which was subsequently aired several times on PBS and elsewhere. I signed something saying she (my friend) had the right to use the song for any purpose but there was no transaction (monetary or otherwise) accompanying that, and the film lists my song as being copyrighted by me in the credits. I don't know exactly what I signed or what its legal implications are, but now I want to include that song on an album. Since the song was used previously on a publicly released work, and I conceded the right for the song to be used (free of charge) am I going to have a hassle publishing it on a new album?

You probably mean she could use the song for any purpose in connection with the film...yes? Doesn't really matter because you retain ownership of the song and can use it as you wish. Only if she had exclusive use of the song could there be a potential conflict with your using it on an album.

[ozmoz2008]

I can't remember the exact wording of what I signed, but, I think its true that if I give exclusivity to someone, it would have to be under someone else's publishing company and it would have to be for a consideration ($$) which never took place. I'm just wondering what I have to do in terms of paperwork to account for this song being in a previously publicized short film.

Just contact your copyright society and they will give the papers to fill...you don't need other papers than that if you didn't sign a publishing deal, or if there is no exclusivity clause in your contract with the film production company.

Usually you have some $ consideration for publishing...but these days there are a lot of production companies that abuse the system and will profit from composers ignorance in copyrights etc...unfortunetaly...so read carefuly your contract...if any.

[eugene]

unless the agreement was for your friend to use the song, and the agreement also says you can't use (your own) song somewhere else, its free and clear. just to be clear, if you did sign some sort of deal like that, that would be very bad for you. you shouldn't have to say it was used somewhere else unless you think it gives your music more credibility. for example, a sticker on the front of your CD that says "featured in blah blah blah." but if you think no one else will care, then don't bother.

as you have received no monetary compensation for the song being used, normally the compensation would be considered the publicity for your music project/band. of course this doesn't do very much if there isn't some plugging of your musical greatness on your friend's side, which is something to keep in mind for next time. a good rule of thumb (for future reference) is, figure out how much your time is worth and expect that investment of time by your friend in your own music. if it isn't worth your friends time, then it isn't worth yours.

things you might want to make happen on your end to get more out of the deal if you can...

a link/cool banner to your stuff from your friend's web site
a neat advert of some sort inside the the DVD case if it gets copies made
having a booth at a theater if there is a local screening
anything else you can think of

ps: great job gettin' your stuff out there!

[Trevor Jackson]

I'll try find out if the agreement had the word 'exclusive' in it, but does that automatically mean that I can't use it myself? Wouldn't they have to be a publishing company to make that work? They are just weekend/semipro filmmakers.

They did give me a link to my website in the credits.

unless the agreement was for your friend to use the song, and the agreement also says you can't use (your own) song somewhere else, its free and clear. just to be clear, if you did sign some sort of deal like that, that would be very bad for you. you shouldn't have to say it was used somewhere else unless you think it gives your music more credibility. for example, a sticker on the front of your CD that says "featured in blah blah blah." but if you think no one else will care, then don't bother.

as you have received no monetary compensation for the song being used, normally the compensation would be considered the publicity for your music project/band. of course this doesn't do very much if there isn't some plugging of your musical greatness on your friend's side, which is something to keep in mind for next time. a good rule of thumb (for future reference) is, figure out how much your time is worth and expect that investment of time by your friend in your own music. if it isn't worth your friends time, then it isn't worth yours.

things you might want to make happen on your end to get more out of the deal if you can...

a link/cool banner to your stuff from your friend's web site
a neat advert of some sort inside the the DVD case if it gets copies made
having a booth at a theater if there is a local screening
anything else you can think of

ps: great job gettin' your stuff out there!

[Hink]

if you were generous enough to allow her to use your song for free and you state she is friend then why would anticipate a problem? It seems like you might be making more of it than needed. Give her a call, I bet it's all sorted in 2 minutes.

[Trevor Jackson]

Good suggestion. I emailed her. There is more than one filmmaker involved and I am not sure what the agreement is between them.

if you were generous enough to allow her to use your song for free and you state she is friend then why would anticipate a problem? It seems like you might be making more of it than needed. Give her a call, I bet it's all sorted in 2 minutes.