Emergency Question About Someone Using My Music For A Video

[Gangleri]

Hey guys, I've got a feeling that there might be a topic similar to this one out there somewhere so I'm sorry if I'm wasting people's time but I got a message yesterday that I want to respond to as quickly as possible but don't know what to say...

So a friend wrote to me saying that for her course she's helping put together a film festival this year and they're making a showreel for it. She asked if I had any appropriate music for the showreel which I think I might do, but if not then I would consider writing her something quickly just so I can get the gig. Basically I have two questions.

I haven't copyrighted my songs yet properly. I've only recently found John's post on how to do that and I'm basically waiting for some money to come in before I get to it. Is it then a terrible idea to give her my song to use? I was even thinking of cutting and reorganising the original track around a bit so it would fit more with the beats and actions of a 1 minute showreel, would that mean having to copyright that version too? Is the handy trick of posting the the song and all the project files from Logic etc enough to cover me this time round in case something happens?

And my second question is, she asked me what my fee was and to be honest I've got no idea. These are students and I'm (probably) not going to be composing music specifically for them so what exactly would my "fee" be? I'm in the UK but I'm sure pricings are similar in most places so any input would be great.

Again, I realise that this has probably come up before as a topic. I need to leave the house for the day very soon and want to get back to her by tonight so sadly didn't have time to peruse the boards.

Thanks everyone!

[STC]

Quick thought...unless you think youv`e written a classic,i wouldn`t worry too much.....as for a fee...again, would value the exposure more than anything....but if i was being commissioned to write something..£100/200 would be a modest figure..just a guess..i don`t know...ask them what they have to play around with.

Edited January 11, 2013 by STC

[john]

As you are in the UK, your music is automatically copyrighted. I would still recommend registering your copyright with the US copyright office in case you ever have to defend that copyright in the US (it is the biggest, single copyright zone, so well worth doing especially if the result will be on the internet. If money is an issue, you don't absolutely need to register right away but it is advised that you do it soon (I have a funny feeling it has to be within a set period (18 months springs to my mind, but I am not sure off the top of my head) . Posting files may help in the UK in terms of establishing copyright, but in the US to qualify I believe a transaction needs to occur to qualify as published, and to be defensible in the US courts it really HAS to be registered.

Fee wise, certainly no fee is not uncommon, though a stipulation of accreditation for the music as part of the video and in any accreditation when the video is posted anywhere would certainly be expected...

Why not sound them out on a nominal fee of $35 (the cost of copyright registration), plus recommending that they also register the video with the US copyright office? Fees really come down to a balancing act between how much they want your song, versus how much you want your music to be used. If it's not a commercial video release (which a show reel isn't) then perhaps a nominal fee is the better idea. You don't need to register a copyright for every single derived edit of your song, only if it is what would be understood to be a separate work.

Copyright permission wise, you need to set the permissions for use. ie what zones, how long, and what exact permissions (worldwide or not, exclusive or not, derived works, distribution, redistribution, revokable or not, assignable or not etc). Incidently, you can stipulate that if the video is ever used or distributed commercially (ie money is received by them for use of the video in any form) then you would be due a percentage of any monies received. That way if they are ever paid, so are you, while at the same time they are not being charged a huge fixed cost while at the same time having no income from the video. In your contract you can also make your fee contingent on them performing certain promotion tasks. You might want, for example, to encourage them to do something with the video (post on YouTube or vimeo, promotion posts, a press release etc). You might also want to stipulate that YOU can use the resulting work in promotion of your music, with a set of complimentary permissions set by them. For example, that you can use the work and create derived works (ie edit) without cost, worldwide,irrevocable etc.