I recently found a great band who I swear one these days is gonna make it big. Now I already have a composer but this band I think should really put a great touch to my upcoming project (soon to submitted to studentfilms), but my question is can I use their songs in festivals? I have already contacted them and they seemed very willing and gave me the right to use their whole album. Is this still considered original or can I not use this? Any help appreciated.

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Originally posted by Bruce the moose:
I recently found a great band who I swear one these days is gonna make it big. Now I already have a composer but this band I think should really put a great touch to my upcoming project (soon to submitted to studentfilms), but my question is can I use their songs in festivals? I have already contacted them and they seemed very willing and gave me the right to use their whole album. Is this still considered original or can I not use this? Any help appreciated.

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Get it in writing that you have permission to use it online and in festivals free of charge for as long as you see fit. And that your side of the bargin is to include them in the credits properly (maybe even a URL as where to find their music, so it's like an ad for them as well as a film for you).

I basically did this once, but worked with a record company. They ended up giving me the rights to use it in festivals for a year free, then if I got picked up and paid, we'd have to re-negiotate the contract.

yer, make sure you get it in writing, and make sure their stuff is original and registered with whatever the copyright and music agencies are overthere. In australia the organisations are AMCOS(australian mechanical copyright owners society) and APRA.

So am I going to need more than an email, it has to hand written?

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Originally posted by Bruce the moose:
So am I going to need more than an email, it has to hand written?

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You can type it and just get both of you to sign it. Might be able to do this all over fax. If not, snail mail.

You may possibly need permission from the record producers also (and/or the record label). If you know of an attorney you can ask, it probably wouldn't hurt to make sure. Just because they wrote and performed it, doesn't necessarily mean they own the works outright.

Good luck!

These guys don't have a record label yet and write and perform all their songs, I just need written permission from them, right? Should I make a contract for them to sign, and if so how should I go about making one?

The only time i've dealt with copywritten music, we just got an email from the composer saying he ok'd the use for festivals and non-profit, no signatures of anything. But that probobly wouldn't hold up in court if the artist ever decided to sue (ie- you start making money off the film and the artist wants a cut). Getting the signatures of the band as well as specific terms of use for the music is probobly the safest bet. I found a release form online, so i dunno how good or useful it'll be, but maybe it'll help you out. RELEASE FORM

^^^Thank you for all the help, and the release form^^^