Okay, so we've established that the best approach (and easiest in many ways) is just to write your own music. Fine. But here's my question--

There are many copyrighted songs that I would like to use in my soundtrack simply for the mood created by the rhythm, basic melody, etc. How similar can my original compositions be before I'm infringing copyrights?

For example: I play in a band that does mainly cover songs, but I'm guessing that using even a cover of a copyrighted song is still infringement. How true is this?

quote:

Originally posted by Mad Man Mim:
Okay, so we've established that the best approach (and easiest in many ways) is just to write your own music. Fine. But here's my question--

There are many copyrighted songs that I would like to use in my soundtrack simply for the mood created by the rhythm, basic melody, etc. How similar can my original compositions be before I'm infringing copyrights?

For example: I play in a band that does mainly cover songs, but I'm guessing that using even a cover of a copyrighted song is still infringement. How true is this?

Yes, this is still copyright infrigement, however now that you have recorded the song yourself you no longer have to pay for/worry about one half of the licensing process. Usually you'd need to pay the recording company AND the artist for the rights to the song; by recording it yourself, you've effectively cut out half of the equation. This can save you hundreds (even thousands) of dollars. In fact due to a law stating how much proportionately you must pay both sides, you're guaranteed to save 50%.

As to how similar another composition can be, that is usually decided by a judge if the issue ever arose. However for a soundtrack in a movie, and a student one at that, I don't think you'll be bothered. In fact, I know you won't be bothered.

Record labels usually get ticked off when you just rip a song off a CD and plop it in your movie. If you take the time to rerecord it yourself, maybe change it around, give it your own spin, it's the artist who is the only one who really has much of a right to be furious with you, and who wants to drag a student filmmaker to court over something like that? Artists will only sue if they feel like they're being cheated out of money they rightfully earned. So, if your movie goes the way of Little Miss Sunshine, then worry.

I say that it is still always best to use original music. By using copyrighted music you are basically limiting the possible success of your film since festivals will not accept it with copyrighted music.

Besides - there is some great music out there if you look for it. Check out the forums and the royalty free music in the links section.

Also, there are many unsigned bands that would LOVE to have their music in your film.

Why use a song that everyone knows, when you can use a great and original song - since that's what your film is right? Great and original?

-Chris
Studentfilms.com