Condition in place: You already have permission from the owner/publishing companies involved with regards to the rights of the tune in question.
Could you use your recording of a tune with Aebersold backing for a film or would you also need to get permission from Aebersold about using the backing?
It is for a short film which will not be sold, but instead entered into film festivals.
WillieB
The composer/music publisher owns the copyright to the tune. As such the tune is "property." Analagous to land, your car, etc. Just as you can lease land, etc., you can, in effect, allow others to use your tune. When, as a composer, your tune is recorded by a group to a CD and published by a recording company, the recording company will have entered into an agreement with you or your music publisher and obtained a license to use your tune - a "mechanical license." The recording company doesn't own exclusive rights to your tune - but it does have the right to use your tune. That license will be granted by you or your publisher in exchange for some compensation by the recording company - generally. When you want to use the tune as part of a sound-track of a movie (i.e. use a recording companies recording of a composer/publisher's tune), you would enter into a synchronization license with the composer/publisher and the recording company. Thus, it is likely that Aebersold has entered into a mechanical license with the composer/publisher of the tune you wish to use (at least for the lead sheets it publishes). As part of that likely license, Aebersold also may have entered into an agreement on the play-along CD (although typically Aebersold backings only have the Chord changes - no melody line - so arguably may not require a mechanical license). Now, Aebersold cannot copyright the tune - but it may have some ownership rights to the performance of the tune. Aebersold may also have some "common law" - i.e. case law - rights to privacy with respect to the recording and artists used. A prudent person might check into the circumstances of the recording made by Aebersold, and determine whether there would be a problem using that backing in the movie along with another person or persons performing with the backing. Aebersold backings could be considered a "label" who has retained artists who created the backing, and as such could prevent another "label" releasing the same backing by the artists - i.e. prevent a film by a separate company releasing the backing as part of the film. As always, the best advice is to seek legal counsel when engaging in anything that is likely to expose you to some liability. None of the above is intended as legal advice relative to any given project, and is simply general information offered as a general explanation of legal issues in the music industry. As such it does not and has not established any attorney-client relationship with between myself and anyone who reads the above for whatever worth he or she may attach to it.
Geez! "lawspeak" Had enough of that in my life. Just use it and let them waste their time coming after you. I know Jamey, and you are more likely to see him at a White Castle than an independent film festival.
Geez! "law speak" Had enough of that in my life. Just use it and let them waste their time coming after you. I know Jamey, and you are more likely to see him at a White Castle than an independent film festival.
Any filmmaker would want to make sure you have cleared all the licenses for using the music. Any film festival in which you want to enter such a film would require you to have proof of all license clearances as well, usually in the form of legally prepared, signed and witnessed license agreement forms.
and if say that film were successful how would you like me to make a copy of it and sell it as my own, giving you not a dime of the profits?
I would only use the tune with all legal documents in place. I am not making the film - I am the writer. The producer and director have already started the permission process with the publishing companies in question. Thanks.
It probably isn't a big deal if the film isn't too successful, but if the film takes off and gets commercial distribution (always a chance) there is a big risk should you not have rights to the recordings.
I did some soundtrack work for a small documentary film recently. I had some old recordings the producer wanted and made some new ones as well. The producer wanted all original unknown music to save money on licensing fees. I didn't make much money, but got included with a platinum-selling artist on the soundtrack and in the credits. Plus the film is a really cool story that I thought needed to be told.
I had to sign forms that stated that I was the composer of my music, owned my recordings and owned the rights to license it to the film. My publishing company (also me in this case) had to sign off also.
In addition, the producer was very insistent that I track down my musicians from years past and get signed forms that they were paid session musicians without any rights to my music. I could not track everyone down from the past, so songs those players were heard on couldn't be used in the film.
I had forms ready for my musicians to sign at my new recording sessions. Better to take care of this up front. However some of my musicians were not happy to be confronted with these forms; one of them asked for more money which I refused to pay.
My advice: I would be certain to get Aebersold to sign off on this... or just record your own versions of the songs, since you have rights worked out for that already. A great rhythm section and live to stereo recording won't cost that much and will interact with your soloist much better than an Aebersold track. You might be able to get musicians and a recordist for free in exchange for giving them a special custom credit in the production credits since you say this is not going to be a commercial film.
I am not an attorney and this is just my opinion of the issues you have raised. I hate dealing with legal stuff like this, but understand the necessity of doing so. You should seek the advice of an experienced attorney-- many will work for free for projects such as yours.
"None of the above is intended as legal advice relative to any given project, and is simply general information offered as a general explanation of legal issues in the music industry. As such it does not and has not established any attorney-client relationship with between myself and anyone who reads the above for whatever worth he or she may attach to it. (thanks rcwjd)"
I just had a thought-- Al Stevens (member of this forum) has some play along backgrounds (like Aebersolds). He might be easier to get clearances with than Aebersold.
A little "lawspeak" here. Crossing the T's and dotting the I's with the rights owner provides you protection. An obscure use may may lull you into feeling comfortable. Comfort does not equal protection.
The short answer to the original poster's question about needing permission to use an aebersold backing track is, "yes." Whether Jamie himself can give that permission depends on his agreement with the musicians. If they recorded under an industry standard recording contract, residuals might be due for using their work.
Thanks for mentioning my tracks. If the original poster wishes to use my work, something can be worked out. He did not mention the tune he wishes to include in his film, however. I might not know it.
I emailed Jamey several years ago and asked if I could use his tracks for a commercial CD and he very politely said no.
You will find this very interesting. http://www.law.duke.edu/cspd/comics/zoomcomic.html
In order to use the exact sound recording in a film, you need to obtain a synch license from the record company and a synch license from the publishing company.
You can get all the permissions in the world from jamey, and that may not do it. You need to know who has all the copyright assignments ie who all the publishing companies involved are (and whether or not they are assigned the copyright), who the record company is who holds the (P) copyright and whether they will grant a synch license or not.
I'm no lawyer, but you should definately get one.
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