Okay. i have limited time. I'm on top of mount hood right now.. filming a REAL movie. You know.. the kind with a budget and expensive cameras and 45 crew members working their asses off for 17 hours a day.
But this isn't about what I'm doing. It's about what I'm not doing. Which is coming to BFA class. I miss class but it's hard to complain when I'm living my dream and making so many contacts that it's ridiculous.
As for an update on my own movie. It's coming along. I've got two scenes left to edit. Assemble them all. check the sound. Add the music and export. However, finishing is the least of my worries. I haven't seen the space. i don't know if I have a projector. I don't know how I'm going to install/setup a projector. I need folding chairs. Where the hell do you get folding chairs .. for free no less. And I'm concerned about the content and length of my movie. Does anyone care to be subjected to 32 minutes of listening to people talk. To tell the truth making this real movie is making me doubt myself and my amatuer attempt at making a movie. It makes me realize that I have the process down.. I just don't know how to tell a story or what to tell one about. But I better figure it out because I just made very good friends with a guy who actually green lights scripts for a production company. He told me last night that I really need to work on my "pitch" though.
Agent 99
Athena Produtions
Over and out.
16.5.07
22.3.07
status report
Status report is as follows.
I noticed that I planned at the beginning of the term to shoot in the beginning of spring term. Thank the lord I pulled my act together and shot before then. I can't believe all the footage I have and all the time it took to get that footage. . and all the time it took to upload it.. and all the time it's going to take to edit it to perfection. Yikes.
I plan to be done editing by April 29th. Don't ask me why. I just picked that day and now I'll stick to it. The last month and a half of the term will be dedicated to planning my installation/display of this movie and the creation of a dvd if I can possibly fit it in. I would also like to design a movie poster.. mostly because the location that I wanted in the building has this perfect place for a poster to go outside the door. Even if I don't get that room I'd still like to have the poster.
I noticed that I planned at the beginning of the term to shoot in the beginning of spring term. Thank the lord I pulled my act together and shot before then. I can't believe all the footage I have and all the time it took to get that footage. . and all the time it took to upload it.. and all the time it's going to take to edit it to perfection. Yikes.
I plan to be done editing by April 29th. Don't ask me why. I just picked that day and now I'll stick to it. The last month and a half of the term will be dedicated to planning my installation/display of this movie and the creation of a dvd if I can possibly fit it in. I would also like to design a movie poster.. mostly because the location that I wanted in the building has this perfect place for a poster to go outside the door. Even if I don't get that room I'd still like to have the poster.
whirlwind
well as I'm sure everyone did, I neglected this blog for the last month and a half. Not because I don't like blogs.. I love them.. I'm just really busy trying to make a movie. So where was I last. Auditions? Yes.
I had auditions. I found three acceptable people. Two of which turned out to be not as great as I'd imagined. One of them has seemingly done everything in his power to ruin my movie. I finished shooting last night and I hope I never have to see that boy again. Or at least never rely on him for anything again. Too bad really. He's a good actor. Just a flake. I won't go into my laundry list of complaints.. not because I don't want to .. it'd be nice to vent all my frustration with shooting.. but no one wants to hear it so I'll refrain.
During the last month I've spent about 20 hours perfecting my script, at least 20 shooting, and another endless amount of hours trying to keep my sanity in tact. I've found that depending on people is rather hard on me. I'm a perfectionist that likes to do everything myself. But you just can't do that with a movie. In fact, I could have used so much help on this. But I didn't have any and I'm afraid that fact is going to result in a subpar movie. Had I had someone to keep track of my actors, wardrobe, cinematography, sound, editing, and all that other jazz, I'd have had much more time to concentrate on concept and directing and all the specific things that I actually want to do when making movies. Not that I didn't enjoy doing it all. It was just really really hard. It was a good lesson about how much effort it will take for future projects. It also opened my eyes to the number of things I may have neglected or could improve on. By all rights this movie should have taken like 3 times as long to make. And it's already taken me 6 months and it's not over yet. So I'm guessing a 90 minute movie would take me about 2 years to complete. Maybe not if I get better at running the entire show.
It's really tough though to want to let other people help. I mean, I trusted those actors, and they turned out to be totally unreliable. Or at least 2/3rds of them did. I don't rely on people ever and this has been a huge reminder why. But it's becoming a catch 22. I can't do it myself.. but letting other people help is almost certainly asking for trouble.
I had auditions. I found three acceptable people. Two of which turned out to be not as great as I'd imagined. One of them has seemingly done everything in his power to ruin my movie. I finished shooting last night and I hope I never have to see that boy again. Or at least never rely on him for anything again. Too bad really. He's a good actor. Just a flake. I won't go into my laundry list of complaints.. not because I don't want to .. it'd be nice to vent all my frustration with shooting.. but no one wants to hear it so I'll refrain.
During the last month I've spent about 20 hours perfecting my script, at least 20 shooting, and another endless amount of hours trying to keep my sanity in tact. I've found that depending on people is rather hard on me. I'm a perfectionist that likes to do everything myself. But you just can't do that with a movie. In fact, I could have used so much help on this. But I didn't have any and I'm afraid that fact is going to result in a subpar movie. Had I had someone to keep track of my actors, wardrobe, cinematography, sound, editing, and all that other jazz, I'd have had much more time to concentrate on concept and directing and all the specific things that I actually want to do when making movies. Not that I didn't enjoy doing it all. It was just really really hard. It was a good lesson about how much effort it will take for future projects. It also opened my eyes to the number of things I may have neglected or could improve on. By all rights this movie should have taken like 3 times as long to make. And it's already taken me 6 months and it's not over yet. So I'm guessing a 90 minute movie would take me about 2 years to complete. Maybe not if I get better at running the entire show.
It's really tough though to want to let other people help. I mean, I trusted those actors, and they turned out to be totally unreliable. Or at least 2/3rds of them did. I don't rely on people ever and this has been a huge reminder why. But it's becoming a catch 22. I can't do it myself.. but letting other people help is almost certainly asking for trouble.
6.2.07
Auditions.
Well it's official. I'm having auditions with the theater department kids a week from today. I got the room booked w/the theater dept. (thanks Lacey!) and official flyers put up. This presents a whole new set of worries that I didn't need but will harbor anyway. First of all.. what if no one shows up?! Then I have to find actors/actresses somewhere else. Which will undoubtably mean that Nathan and I have to act in this video. Which means I'd have to direct from an acting chair and that's hard.. and makes the shoot go alot slower (which isn't at all appealing seeing as how the script is already 30 pages long and the industry gage is one minute of screen time per page of script. Yikes) Two.. what if I find people but they can't do that really crucial scene in the gallery during week seven because the bulk of the theater dept is traveling to california that week? Do I sacrifice my favorite scene for better actors and shoot another time? or do I keep the scene and let some untalented theater kid ruin my perfect vision? I don't know the answer. Or what if I find some kids and they turn out to be unrealiable and ruin this for me. There are so many things that can go wrong.
So apparently tomorrow I have to get up in front of the class and explain why I make art. I think this is .. what's the word .. patronizing? no.. that's not it.. nevermind. I think it sucks. Is there really such a thing as a bad piece of art? Sure but all of them result from laziness or lack of creative intuition. But is there such a thing as a bad reason to make art? Why do our professors feel the need to judge me in this way? Or us, I should say. Are they going to tell me my reasons aren't good enough? Or do they just want to see if I can articulate the way I feel? Because most artists can't do that! That's why they make art. They explain themselves through their art. And if you can't understand a person, or at least try, from looking at a piece of their art, then you aren't a very good judge of character. I do not want to explain myself for the simple reason that I feel like no answer will be good enough for them. No matter what we say during these little speeches, the only feedback we get is negative. Unless you are one of the class favorites. Which I'm not. You hardly ever hear what was good .. only what you need to change and I for one don't need anymore critisism right now. I suppose that knowing how to articulate how you feel is good but isn't being passionate about your work enough? From what I heard about last week's interrogation.. it isn't. Lame.
And now.. an inspiring quote.
"It's not the critic that counts. Not the man or woman who points out how the strong man or woman stumbles or where the doer of deeds could have done them better, the credit belongs to the man or woman in the arena who's face is marred by dust and sweat and blood; who strives valiantly, who knows the great enthusiasms, the great devotions; who spends him/herself in a worthy cause, who at best knows in the end the triumph of high achievement, and who at worse if he/she fails at least fails while daring greatly. So that his/her place shall never be with those cold and timid souls who never have known neither victory or defeat."
So apparently tomorrow I have to get up in front of the class and explain why I make art. I think this is .. what's the word .. patronizing? no.. that's not it.. nevermind. I think it sucks. Is there really such a thing as a bad piece of art? Sure but all of them result from laziness or lack of creative intuition. But is there such a thing as a bad reason to make art? Why do our professors feel the need to judge me in this way? Or us, I should say. Are they going to tell me my reasons aren't good enough? Or do they just want to see if I can articulate the way I feel? Because most artists can't do that! That's why they make art. They explain themselves through their art. And if you can't understand a person, or at least try, from looking at a piece of their art, then you aren't a very good judge of character. I do not want to explain myself for the simple reason that I feel like no answer will be good enough for them. No matter what we say during these little speeches, the only feedback we get is negative. Unless you are one of the class favorites. Which I'm not. You hardly ever hear what was good .. only what you need to change and I for one don't need anymore critisism right now. I suppose that knowing how to articulate how you feel is good but isn't being passionate about your work enough? From what I heard about last week's interrogation.. it isn't. Lame.
And now.. an inspiring quote.
"It's not the critic that counts. Not the man or woman who points out how the strong man or woman stumbles or where the doer of deeds could have done them better, the credit belongs to the man or woman in the arena who's face is marred by dust and sweat and blood; who strives valiantly, who knows the great enthusiasms, the great devotions; who spends him/herself in a worthy cause, who at best knows in the end the triumph of high achievement, and who at worse if he/she fails at least fails while daring greatly. So that his/her place shall never be with those cold and timid souls who never have known neither victory or defeat."
SCRIPT
So for anyone who thought I wasn't doing anything, or would like to know what my movie is about I finally have some semblence of a script for everyone to read. There might be a few mistakes or things that didn't get deleted but I just wanted to get this up.
So unless I am mistaken.. which happens often.. this link will take you straight to the script.
http://www.uoregon.edu/~jbryant/~SCRIPT
OR
You can go to this index page ---> http://www.uoregon.edu/~jbryant/
and click on SCRIPT.DOC and it will download a Word document for you
Any and all feed back is welcome but at this point I don't really have alot of time to change much since I am scheduled to begin shooting not this weekend but the next. Still I'd love to hear what you think. It's rather long so even if you'd like to just read a scene or two and comment on that.. that'd be great. :)
So unless I am mistaken.. which happens often.. this link will take you straight to the script.
http://www.uoregon.edu/~jbryant/~SCRIPT
OR
You can go to this index page ---> http://www.uoregon.edu/~jbryant/
and click on SCRIPT.DOC and it will download a Word document for you
Any and all feed back is welcome but at this point I don't really have alot of time to change much since I am scheduled to begin shooting not this weekend but the next. Still I'd love to hear what you think. It's rather long so even if you'd like to just read a scene or two and comment on that.. that'd be great. :)
1.2.07
What I did today for BFA
Well like always I went to work so I can pay rent and not get evicted, so that I don't have to quit school, so that I don't have to teach preschool my whole life. Which only has to do with BFA in a round about kind of way.
When I got home from work, where I save the world one preschooler at a time, I discovered that a very aloof musician friend of mine is going to let me use his music for my video!! I was so excited I think I was bouncing off the walls for at least 45 minutes. Two reasons - one - I never thought he'd get back to me and two - his music is phenomenal and he owns all the rights so I don't have to go through the horribly extensive procedure of getting permission to use copyrighted music.
Seriously, I couldn't have asked for a better thing to happen today.
However.. I'm already dealing with a huge scheduling conflict with actors that don't exist yet. Upon talking with Lacey (my theater dept. in) I discovered that the entire theater dept is going to be on some week long trip to ellensberg on the week that had the only time sensitive shot that I wanted. Time sensitive meaning they are all going to be gone on the week where I really needed them to be available for a specific time. I am already discussing a solution with her. The only hard part is I need to shoot in the gallery the week of my show. Set up is of course friday night. I have a huge wall painting to do and I need it to be ready by saturday afternoon or so, so that I can shoot the scene in there, with the painting as a back drop, sometime saturday night or sunday before all the theater kids leave. Dang. Making movies is tough. You have to work through so many problems and so many things could go wrong. That's why I love it. Performing well in high pressure situations is the most satisfying thing ever. Not to mention that a little freaking out makes you appreciate it more when it all comes together. Yeah.
Spent an hour touring the facilities of Villard hall and the theater dept. today. Talked to Lacey about how to run my auditions, where and how to put up flyers, what they should say, looking at potential locations for auditions, and meeting a few theater kids (who were all very nice). I'm terrified of holding the auditions. I think I'm going to look like an idiot and they will all think my script sucks. :( But Lacey thinks I'm overreacting. I dunno. We'll see. I think it's going to be rather fun.. something I've never done before - that's for sure.
When I got home from work, where I save the world one preschooler at a time, I discovered that a very aloof musician friend of mine is going to let me use his music for my video!! I was so excited I think I was bouncing off the walls for at least 45 minutes. Two reasons - one - I never thought he'd get back to me and two - his music is phenomenal and he owns all the rights so I don't have to go through the horribly extensive procedure of getting permission to use copyrighted music.
Seriously, I couldn't have asked for a better thing to happen today.
However.. I'm already dealing with a huge scheduling conflict with actors that don't exist yet. Upon talking with Lacey (my theater dept. in) I discovered that the entire theater dept is going to be on some week long trip to ellensberg on the week that had the only time sensitive shot that I wanted. Time sensitive meaning they are all going to be gone on the week where I really needed them to be available for a specific time. I am already discussing a solution with her. The only hard part is I need to shoot in the gallery the week of my show. Set up is of course friday night. I have a huge wall painting to do and I need it to be ready by saturday afternoon or so, so that I can shoot the scene in there, with the painting as a back drop, sometime saturday night or sunday before all the theater kids leave. Dang. Making movies is tough. You have to work through so many problems and so many things could go wrong. That's why I love it. Performing well in high pressure situations is the most satisfying thing ever. Not to mention that a little freaking out makes you appreciate it more when it all comes together. Yeah.
Spent an hour touring the facilities of Villard hall and the theater dept. today. Talked to Lacey about how to run my auditions, where and how to put up flyers, what they should say, looking at potential locations for auditions, and meeting a few theater kids (who were all very nice). I'm terrified of holding the auditions. I think I'm going to look like an idiot and they will all think my script sucks. :( But Lacey thinks I'm overreacting. I dunno. We'll see. I think it's going to be rather fun.. something I've never done before - that's for sure.
31.1.07
Jenna's list of things to do.
This is going to be scary because all of these things need to be done. And I would be worrying a lot less had I started this list 3 or even 2 weeks ago, but writing the script proved more challenging than I thought. Luckily, as long as I can find actors, get their availability structured with mine, and check out the camera and equipment, everything should be fine! You can't tell because it's the internet, but that was sarcasm. I'm officially in panic mode. If any of the things on this list doesn't go off without a hitch I could be in real trouble. I now know a small piece of what its like to direct a real movie where everything has to work out just right or you are f***ed. But seeing as how this is how I always do things.. and they always get done..they probably will this time too. It will be fun to find out! Pressure is good for me, I'm just wondering how much of it I can take.
Week 4
Week 5
Week 4
- Meeting with Lacey about auditions, flyers, all theater dept. related stuff
- Finalize dates for auditions and first day of shooting (right now the schedule I'm hoping for is to get the advertising at villard hall done by friday the 2nd, hold auditions tuesday the 13th of feb, and first day of shooting will hopefully be the 22nd or 23rd of feb (due to the fact that I wanted a scene in the gallery, particularly the week that me and my friends are showing so it will be easy to get releases from them, and it's another way to show off our work)
- Contact theater department (after talking to Lacey) about sending out a mass email to their students and where I can post flyers in their building
- Design and post flyers by friday the 2nd.
- reserve the camera for the 22nd and 23rd hopefully (need to do this asap)
- Decide on a title? Is it necessary for the flyers??
Week 5
- Finalize at least 2 scenes of the script: the gallery scene (i.e. because it's first) and whatever scene I want to have people read at the audition.
- Talk to art department about shooting in the gallery (i.e. permission)
- Storyboard the gallery scene
- Get a rough estimate of exactly how much time I am going to need from each actor so that I am ready with that information at the auditions.
- Get audition forms ready
- Auditions! neat! might be embarrassing though. It could work out that no one shows up and I end up begging a few kids to act in this movie.
- Work on finalizing every aspect of the script, i.e. no more changes
- Storyboards
- Do a test run on monday of the gallery scene, i.e. set up/plan shots
- secure equipment for shooting. rolling tripod, microphone, camera
- ask a few people to be extras for thursday or friday afternoon
- shoot some footage of the gallery opening in case I decide to use it
- while I have the camera do some test shots of all the other locations to test lighting so I know if I need a light kit or not.
- keep working on finding music and asking permission from the musicians
- Shoot the rest of the video based on schedules of actors and crew availability.
- Secure any additional permission for on location shoots and releases of actors and extras
- Unless the universe defeats me I will be done shooting and it's time to edit
- keep working on music
- begin working on any color correction or special effects
- add any post production stuff like credits, music, special effects, thankyous and work on making a cool dvd in Studio Pro.
Using copyrighted music in videos
Here are two pieces of information that I found regarding the use of copyrighted music in videos and films if anyone is interested. I was planning of using copyrighted music at first, and even though I still really want to, I probably won't. Which means I need to get onto myspace or something and start finding some good unsigned bands.
FW: Music in student films and videos
From: Chuck Kleinhans (email suppressed)
Date: Fri Mar 19 2004 - 05:27:50 PST
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Frameworkers, enjoy!
--
------ Forwarded Message
From: Best Student Shorts
Date: Fri, 19 Mar 2004 05:40:52 -0500
To: email suppressed
Subject: Music in student films and videos
You might wish to share with your students this essay from "Sonnyboo".
Tom Hoopengardner, Producer
America's Best Student Shorts
www.BestStudentShorts.com
MUSIC & INDIE FILM
by Peter John Ross
THE PROBLEM
One of the things that can make or break a movie is the music. Can you
imagine JAWS with out the John Williams music ? What about the techno music
in THE MATRIX ? As no-budget filmmakers, we often times forget that sound
is 50% of the experience of seeing a movie, whether it be a :30 second
joke, or a 4 hour Lord of the Rings DVD. And thanks to technology, we can
physically add any music we can get our hands on into our movies.Since we
can take an audio CD from any musician, put it in a CD-Rom and quickly load
that digitally mastered song on to a timeline of our handy editing program,
temptation has all new meaning. It's like having a piece fo forbidden fruit
on every tray at a buffet.
Let's talk about why you should NOT do this. First and foremost - it's
illegal, as in against federal law. Maybe you've heard of this - COPYRIGHT.
Everyone already knows this, but dirt poor, no budget filmmakers think this
law doesn't apply to them. Popular music costs a lot of money to use in
your movies. That's probagbly why most people steal music & use it without
permission.
Secondly, here's where you have to consider another point of view (other
than our own selfish, "I'm the filmmaker" view). If you can take their
music without paying for it, then why should anyone ever pay for any aspect
of your movie? Music is intellectual property, just like your movie will
be. If you can steal their music without paying, then someone at a TV
station or a website should have equal rights to steal your movie & never
have to pay for it.
On a moral & ehtical level it's wrong to use music without permission. I am
quite sure if you saw someone selling copies of your movie without paying
you, it'd be like restraining Chris Farley at an all you can eat lunch
special. What is the difference between stealing your movie or stealing
someone else's music? NOTHING. What kind of arrogance makes us think we are
more important than musicians?
I remember being on a filmmakers panel at a Sci Fi convention in May of
2002 and an audience member asked us all what our opinion was on using
copyrighted music. I said I was against it. Another no budget company (one
I co-founded no less) piped in with a speech about how it's okay to steal
copyrighted music. They even said, and I have to preserve the accuracy in
quotes "If someone catches you using copyrighted music in your movies -
that's a good thing. That means someone important saw your movie." That is
another perspective, and they have the right to think that {{Although I do
think it's important to note that they recently lost over half of their 100
movies online for copyright violations}}
Who am I to preach? Have I ever put copyrighted music into my projects? Of
course. Virtually every first time filmmaker puts music that's copyrighted
into their movies. I did it a lot when I first started. Since then I have
made every effort to get original music into my projects or I actual make
arrangements for obtaining the rights and pay the neccessary royalties.
THE SOLUTIONS
There are struggling musicians and songrwiters just as often as indie
filmmakers. Make a connection. Help EACH OTHER out. You can get their music
played in a venue previously unavailable to them, and you can have original
music that doesn't make you nervous to play at every film festival. It's
also much classier to have your own music. It differentiates your movie
from the dozens of others using the same songs.
You can also get cheap "loop" programs like FRUITY LOOPS or Sonic Foundry's
ACID. You can quickly and cheaply create music from loops and customize the
speed, tempo, pitch and many aspects to make the music fit your exact
needs. It's better than a "cease & desist" letter from an attorney and it's
legal to use once you BUY the program (illegally copying programs is whole
OTHER article).
Stock Music libraries are an option.These cost money, but in the end it's
much cheaper than popular music. Music ranges from El Cheapo type stuff
where you can buy a CD of music for $250, then use itanytime for free (also
known as "Royalty Free" music because you buy it once & own the right to
use it anytime). Then there is the top o fthe line which is EXTREME MUSIC
which is very expensive, but incredibly good. They charge "per needle
drop", meaning you pay for each usage of the music, if you use it online -
there's one fee, and if you use it on television, there is a different
price, etc.
If you are deadset on obtaining a popular song - SECURE THE RIGHTS. Go to
ASCAP or BMI and find out how to get the proper liscensing. "Internet Only
rights" are cheap, and they invented something for no budget filmmakers
with the "Festival Only Rights" to songs to make this more affordable to
Indie Filmmakers like us. Try to do it legally, because if the RIAA is
going after individual users that download a John Mayer song on KAZAA, then
what do you think they'll do to a filmmaker trying to make money from using
a song in their movie? It's not a slap on the wrist anymore. It's a lawsuit.
SUM UP
Will you get caught? Probably not, but lately, the risk is going up. I
recently got a letter from an attorney for music I used in a movie I did
from February 2000 that still lingered on a short film website, not even a
popular site. I have since removed the movie from their site & I am
re-editing to add original music.
And because I am a former musician myself, let me say that I am not
unsympathetic to the plight of indie filmmakers. Resist the temptation to
steal music. I am giving away 9 songs for free to be used by any Indie
Filmmaker completely free with full rights. These aren't the best songs,
but they're free.
HYPERLINK "http://sonnyboo.com/music/music.htm"http://sonnyboo.com/music/music.htm
Here are other completely free music resources online for Indie Film :
HYPERLINK "http://www.freeplaymusic.com/"http://www.freeplaymusic.com
HYPERLINK "http://www.compositeur-arrangeur.com/"http://www.compositeur-arrangeur.com
I hope this helps
Peter John Ross
www.sonnyboo.com
Tom Hoopengardner, Producer
America's Best Student Shorts
www.BestStudentShorts.com
Glen Echo Associates, LLC
7212 Helmsdale Road
Bethesda, Maryland 20817-4624
301 466 5416
------ End of Forwarded Message
This is the second article
Article for Screenrights: Off the Air
Using Music in Films
Ian McDonald, Australian Copyright Council, 14 August 2002
There are basically three ways in which a producer can obtain music for his or her
film – commission a composer, reproduce commercial recordings or use library
music.
If you are commissioning a composer, what are the main
copyright issues that you should be aware of?
The first issue you need to be aware of is that the composer will not always be the
right person to talk to insofar as all of the copyright issues are concerned. For
example, if the composer has a publisher, You may need to talk some of the issues
through with that publisher (generally, the publisher will control reproduction
rights and the right to make arrangements of their composers work).
You then need to be aware of what rights you need to obtain or clear: you will need
least the rights to synchronise the music into the soundtrack of the film and to
make copies of the film. Both in Australia and in many other countries, the right to
publicly play the music in the film (for example, in cinemas where the film is being
shown) will generally be owned by APRA and its affiliated organisations in other
countries, and not by the composer or publisher. APRA and its affiliated
organisations also generally control the right to broadcast the music as part of the
soundtrack on TV (including cable TV). Nonetheless, because this is not always
the case, It is usual for film producers to secure these rights from the composer and
publisher, subject to the rights of APRA and its affiliated organisations (for
example, in the US, public performance of music in films within cinemas is not
controlled by a collecting society).
(You should be aware, however, that composers can "opt-out" of, or "license back",
any prior assignment of performance or broadcast/communication rights they may
already have assigned to APRA. If you wanted a composer to do this, you would
need specifically to negotiate this with the composer.)
Note also that the agreement will generally deal with whether the music can be
used other than in the soundtrack to the film. For example, can the producer
release trailers containing the music? What about CDs containing music from the
soundtrack? Can the music be used by the producer in other films, such as sequels?
Can the composer "recycle" the music into other pieces he or she may want to
write? and so on.
Article for Screenrights Screenrights, Using Music in Films
Australian Copyright Council 2
You also need to be aware that copyright can be dealt with by way of assignment of
the relevant rights (in which case you would become the new owner of all or part of
the copyright), or for a licence (that is, a permission to use the work in particular
ways). If a licence is to be negotiated, you should be aware that licences can be
either exclusive or non-exclusive licence.
Further, note that copyright royalties will generally be discussed (that is,
payments in addition to those monies you are paying the composer for writing the
music and, in some cases, recording it). For example, if the relevant rights have
been obtained, the agreement will deal with what royalties will be paid on sales of
videos, DVDs and CDs.
Be aware that the way any of these issues are dealt with may differ in relation to
music used in the film, and music which either is not used at all or which hits the
cutting room floor prior to the film's release.
Also, be aware that if the composer will be responsible for recording the music, you
may need to address all the above issues both in relation to the music itself and in
relation to the copyright in the recording.
In addition to copyright issues, you also need to be aware that, whether or not a
creator owns copyright, the composer has various "moral rights". (Generally,
subject to various defences such as consent or "reasonableness", composers and
other creators have the right to be attributed; the right to object to uses of their
work which would prejudice their reputations; and the right not to have their work
falsely attributed.) Moral rights issues which are likely to need to be addressed
with the composer (rather than with his or her publisher) include:
∞ how the composer is going to be attributed (for example, in the credits, in
trailers and elsewhere);
∞ whether or not the composer has any level of artistic control when the music is
being synchronised; and
∞ whether or not the producer has the right to ask for or to make changes to the
music.
As a general comment, be aware that a composer (or publisher) may not want to
deal with his or her copyright in the same way as you want them to. In many
cases, you may need to negotiate a number of issues, and reach an agreement
which is not merely a complete assignment of all copyrights, together with full
consents covering every possible moral rights abuse claim that might conceivably
arise.
As with any agreement relating to copyright, it is best to have agreements
documented in signed contracts, preferably drafted by a lawyer with the relevant
expertise.
For further information on copyright and moral rights generally, see the
Australian Copyright Council's information sheets, available from
www.copyright.org.au. The Australian Screen Composers Guild publishes a
standard agreement which it has approved (www.agsc.org.au); see also the chapter
Article for Screenrights Screenrights, Using Music in Films
on "Music in film" in Shane Simpson, Music Business Business, 2nd ed (Omnibus Press,
Sydney, 2002).
If you are reproducing commercial recordings, what are the
main copyright issues that arise?
There are generally two copyrights you need to consider - the copyright in the
recording and the copyright in the music and any lyrics on the recording. There
are therefore two copyright owners you will generally need to contact for
permission.
Contact the relevant record company for permission to use the recording, and the
relevant music publisher for permission to use the music and any associated lyrics.
What is library music and what kind of clearances do you need?
"Library music" (also referred to as "production music"), is a useful source of music
for films. This is because the copyrights in the music and the recording are owned
by the one entity – the company operating the "music library" – and because the
music is specifically written and recorded to be licensed for audio and audio-visual
productions, including films.
In Australia, most library music is licensed by AMCOS (administered by APRA).
Rate cards for both Australia and New Zealand, together with "Client Registration"
forms for production music are available on the APRA site at www.apra.com.au.
FW: Music in student films and videos
From: Chuck Kleinhans (email suppressed)
Date: Fri Mar 19 2004 - 05:27:50 PST
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Frameworkers, enjoy!
--
------ Forwarded Message
From: Best Student Shorts
Date: Fri, 19 Mar 2004 05:40:52 -0500
To: email suppressed
Subject: Music in student films and videos
You might wish to share with your students this essay from "Sonnyboo".
Tom Hoopengardner, Producer
America's Best Student Shorts
www.BestStudentShorts.com
MUSIC & INDIE FILM
by Peter John Ross
THE PROBLEM
One of the things that can make or break a movie is the music. Can you
imagine JAWS with out the John Williams music ? What about the techno music
in THE MATRIX ? As no-budget filmmakers, we often times forget that sound
is 50% of the experience of seeing a movie, whether it be a :30 second
joke, or a 4 hour Lord of the Rings DVD. And thanks to technology, we can
physically add any music we can get our hands on into our movies.Since we
can take an audio CD from any musician, put it in a CD-Rom and quickly load
that digitally mastered song on to a timeline of our handy editing program,
temptation has all new meaning. It's like having a piece fo forbidden fruit
on every tray at a buffet.
Let's talk about why you should NOT do this. First and foremost - it's
illegal, as in against federal law. Maybe you've heard of this - COPYRIGHT.
Everyone already knows this, but dirt poor, no budget filmmakers think this
law doesn't apply to them. Popular music costs a lot of money to use in
your movies. That's probagbly why most people steal music & use it without
permission.
Secondly, here's where you have to consider another point of view (other
than our own selfish, "I'm the filmmaker" view). If you can take their
music without paying for it, then why should anyone ever pay for any aspect
of your movie? Music is intellectual property, just like your movie will
be. If you can steal their music without paying, then someone at a TV
station or a website should have equal rights to steal your movie & never
have to pay for it.
On a moral & ehtical level it's wrong to use music without permission. I am
quite sure if you saw someone selling copies of your movie without paying
you, it'd be like restraining Chris Farley at an all you can eat lunch
special. What is the difference between stealing your movie or stealing
someone else's music? NOTHING. What kind of arrogance makes us think we are
more important than musicians?
I remember being on a filmmakers panel at a Sci Fi convention in May of
2002 and an audience member asked us all what our opinion was on using
copyrighted music. I said I was against it. Another no budget company (one
I co-founded no less) piped in with a speech about how it's okay to steal
copyrighted music. They even said, and I have to preserve the accuracy in
quotes "If someone catches you using copyrighted music in your movies -
that's a good thing. That means someone important saw your movie." That is
another perspective, and they have the right to think that {{Although I do
think it's important to note that they recently lost over half of their 100
movies online for copyright violations}}
Who am I to preach? Have I ever put copyrighted music into my projects? Of
course. Virtually every first time filmmaker puts music that's copyrighted
into their movies. I did it a lot when I first started. Since then I have
made every effort to get original music into my projects or I actual make
arrangements for obtaining the rights and pay the neccessary royalties.
THE SOLUTIONS
There are struggling musicians and songrwiters just as often as indie
filmmakers. Make a connection. Help EACH OTHER out. You can get their music
played in a venue previously unavailable to them, and you can have original
music that doesn't make you nervous to play at every film festival. It's
also much classier to have your own music. It differentiates your movie
from the dozens of others using the same songs.
You can also get cheap "loop" programs like FRUITY LOOPS or Sonic Foundry's
ACID. You can quickly and cheaply create music from loops and customize the
speed, tempo, pitch and many aspects to make the music fit your exact
needs. It's better than a "cease & desist" letter from an attorney and it's
legal to use once you BUY the program (illegally copying programs is whole
OTHER article).
Stock Music libraries are an option.These cost money, but in the end it's
much cheaper than popular music. Music ranges from El Cheapo type stuff
where you can buy a CD of music for $250, then use itanytime for free (also
known as "Royalty Free" music because you buy it once & own the right to
use it anytime). Then there is the top o fthe line which is EXTREME MUSIC
which is very expensive, but incredibly good. They charge "per needle
drop", meaning you pay for each usage of the music, if you use it online -
there's one fee, and if you use it on television, there is a different
price, etc.
If you are deadset on obtaining a popular song - SECURE THE RIGHTS. Go to
ASCAP or BMI and find out how to get the proper liscensing. "Internet Only
rights" are cheap, and they invented something for no budget filmmakers
with the "Festival Only Rights" to songs to make this more affordable to
Indie Filmmakers like us. Try to do it legally, because if the RIAA is
going after individual users that download a John Mayer song on KAZAA, then
what do you think they'll do to a filmmaker trying to make money from using
a song in their movie? It's not a slap on the wrist anymore. It's a lawsuit.
SUM UP
Will you get caught? Probably not, but lately, the risk is going up. I
recently got a letter from an attorney for music I used in a movie I did
from February 2000 that still lingered on a short film website, not even a
popular site. I have since removed the movie from their site & I am
re-editing to add original music.
And because I am a former musician myself, let me say that I am not
unsympathetic to the plight of indie filmmakers. Resist the temptation to
steal music. I am giving away 9 songs for free to be used by any Indie
Filmmaker completely free with full rights. These aren't the best songs,
but they're free.
HYPERLINK "http://sonnyboo.com/music/music.htm"http://sonnyboo.com/music/music.htm
Here are other completely free music resources online for Indie Film :
HYPERLINK "http://www.freeplaymusic.com/"http://www.freeplaymusic.com
HYPERLINK "http://www.compositeur-arrangeur.com/"http://www.compositeur-arrangeur.com
I hope this helps
Peter John Ross
www.sonnyboo.com
Tom Hoopengardner, Producer
America's Best Student Shorts
www.BestStudentShorts.com
Glen Echo Associates, LLC
7212 Helmsdale Road
Bethesda, Maryland 20817-4624
301 466 5416
------ End of Forwarded Message
This is the second article
Article for Screenrights: Off the Air
Using Music in Films
Ian McDonald, Australian Copyright Council, 14 August 2002
There are basically three ways in which a producer can obtain music for his or her
film – commission a composer, reproduce commercial recordings or use library
music.
If you are commissioning a composer, what are the main
copyright issues that you should be aware of?
The first issue you need to be aware of is that the composer will not always be the
right person to talk to insofar as all of the copyright issues are concerned. For
example, if the composer has a publisher, You may need to talk some of the issues
through with that publisher (generally, the publisher will control reproduction
rights and the right to make arrangements of their composers work).
You then need to be aware of what rights you need to obtain or clear: you will need
least the rights to synchronise the music into the soundtrack of the film and to
make copies of the film. Both in Australia and in many other countries, the right to
publicly play the music in the film (for example, in cinemas where the film is being
shown) will generally be owned by APRA and its affiliated organisations in other
countries, and not by the composer or publisher. APRA and its affiliated
organisations also generally control the right to broadcast the music as part of the
soundtrack on TV (including cable TV). Nonetheless, because this is not always
the case, It is usual for film producers to secure these rights from the composer and
publisher, subject to the rights of APRA and its affiliated organisations (for
example, in the US, public performance of music in films within cinemas is not
controlled by a collecting society).
(You should be aware, however, that composers can "opt-out" of, or "license back",
any prior assignment of performance or broadcast/communication rights they may
already have assigned to APRA. If you wanted a composer to do this, you would
need specifically to negotiate this with the composer.)
Note also that the agreement will generally deal with whether the music can be
used other than in the soundtrack to the film. For example, can the producer
release trailers containing the music? What about CDs containing music from the
soundtrack? Can the music be used by the producer in other films, such as sequels?
Can the composer "recycle" the music into other pieces he or she may want to
write? and so on.
Article for Screenrights Screenrights, Using Music in Films
Australian Copyright Council 2
You also need to be aware that copyright can be dealt with by way of assignment of
the relevant rights (in which case you would become the new owner of all or part of
the copyright), or for a licence (that is, a permission to use the work in particular
ways). If a licence is to be negotiated, you should be aware that licences can be
either exclusive or non-exclusive licence.
Further, note that copyright royalties will generally be discussed (that is,
payments in addition to those monies you are paying the composer for writing the
music and, in some cases, recording it). For example, if the relevant rights have
been obtained, the agreement will deal with what royalties will be paid on sales of
videos, DVDs and CDs.
Be aware that the way any of these issues are dealt with may differ in relation to
music used in the film, and music which either is not used at all or which hits the
cutting room floor prior to the film's release.
Also, be aware that if the composer will be responsible for recording the music, you
may need to address all the above issues both in relation to the music itself and in
relation to the copyright in the recording.
In addition to copyright issues, you also need to be aware that, whether or not a
creator owns copyright, the composer has various "moral rights". (Generally,
subject to various defences such as consent or "reasonableness", composers and
other creators have the right to be attributed; the right to object to uses of their
work which would prejudice their reputations; and the right not to have their work
falsely attributed.) Moral rights issues which are likely to need to be addressed
with the composer (rather than with his or her publisher) include:
∞ how the composer is going to be attributed (for example, in the credits, in
trailers and elsewhere);
∞ whether or not the composer has any level of artistic control when the music is
being synchronised; and
∞ whether or not the producer has the right to ask for or to make changes to the
music.
As a general comment, be aware that a composer (or publisher) may not want to
deal with his or her copyright in the same way as you want them to. In many
cases, you may need to negotiate a number of issues, and reach an agreement
which is not merely a complete assignment of all copyrights, together with full
consents covering every possible moral rights abuse claim that might conceivably
arise.
As with any agreement relating to copyright, it is best to have agreements
documented in signed contracts, preferably drafted by a lawyer with the relevant
expertise.
For further information on copyright and moral rights generally, see the
Australian Copyright Council's information sheets, available from
www.copyright.org.au. The Australian Screen Composers Guild publishes a
standard agreement which it has approved (www.agsc.org.au); see also the chapter
Article for Screenrights Screenrights, Using Music in Films
on "Music in film" in Shane Simpson, Music Business Business, 2nd ed (Omnibus Press,
Sydney, 2002).
If you are reproducing commercial recordings, what are the
main copyright issues that arise?
There are generally two copyrights you need to consider - the copyright in the
recording and the copyright in the music and any lyrics on the recording. There
are therefore two copyright owners you will generally need to contact for
permission.
Contact the relevant record company for permission to use the recording, and the
relevant music publisher for permission to use the music and any associated lyrics.
What is library music and what kind of clearances do you need?
"Library music" (also referred to as "production music"), is a useful source of music
for films. This is because the copyrights in the music and the recording are owned
by the one entity – the company operating the "music library" – and because the
music is specifically written and recorded to be licensed for audio and audio-visual
productions, including films.
In Australia, most library music is licensed by AMCOS (administered by APRA).
Rate cards for both Australia and New Zealand, together with "Client Registration"
forms for production music are available on the APRA site at www.apra.com.au.
Do you like production work??
Production work = anything you do on the set while filming a movie. I could use help with any of the following if anyone particularly likes this kind of work
- acting (if you know anyone who'd like to audition I believe I'm going to hold the auditions on tuesday the 13th. (which as of today is an estimate based upon the help I'm getting from my friend Lacey in the theater department) If anyone wants to try out but hates auditions (which I know would scare the hell out of me) then they can contact me directly and we can set up our own appointment)
- camera work (running the camera, esp. in the event that, heaven forbid, I can't find an actress or actor and Nathan and I have to play these parts. ugh)
- sound work
- camera or light set up
- extras. whether or not anyone wants to help with this I will probably solicit all of you.
- script review (hopefully by thursday I will have the "best-yet" assemblege of my script posted on this site and anyone who wants to read it and comment, it'd be much appreciated .. for example.. what works and what doesn't, what you understand or don't, if it's too long, too short, if it's too boring, what scenes you like or don't, etc. keep in mind that I am still planning numerous changes based on everyone's opinion and my own editions or subtractions right up until the week before shooting as I'm sure there will be lots of suggestions.)
- acting (if you know anyone who'd like to audition I believe I'm going to hold the auditions on tuesday the 13th. (which as of today is an estimate based upon the help I'm getting from my friend Lacey in the theater department) If anyone wants to try out but hates auditions (which I know would scare the hell out of me) then they can contact me directly and we can set up our own appointment)
- camera work (running the camera, esp. in the event that, heaven forbid, I can't find an actress or actor and Nathan and I have to play these parts. ugh)
- sound work
- camera or light set up
- extras. whether or not anyone wants to help with this I will probably solicit all of you.
- script review (hopefully by thursday I will have the "best-yet" assemblege of my script posted on this site and anyone who wants to read it and comment, it'd be much appreciated .. for example.. what works and what doesn't, what you understand or don't, if it's too long, too short, if it's too boring, what scenes you like or don't, etc. keep in mind that I am still planning numerous changes based on everyone's opinion and my own editions or subtractions right up until the week before shooting as I'm sure there will be lots of suggestions.)
29.1.07
BFA: The quintessential love hate relationship
As an introduction to my blog I thought I'd start out with some concerns. The biggest
being the extremely bipolar nature I have taken on in my attempt to create the script
for my movie. Five minutes ago I was sitting here with my head in my hands wondering
what the hell I was thinking trying to write a movie and that I can't ever show this to anyone because it's so embarrassing. I don't know anything about writing compelling movies. I've felt successful at it once and I didn't write any of the material. It was a documentary. But then I spend alot of time writing and I think that I'm actually doing a pretty good job. These fluctuations used to come every other day but now they come all day everyday. It's even happening right now! I can feel my mind wrestling with itself constantly and no one side ever prevails over the other for long. It's beginning to induce quite alot of panicing. The only thing that really helps is to remember that it is far to late to change my idea and therefore I must press on. Not that I want to change it. It's good. Wait. No. It's boring. No. .
being the extremely bipolar nature I have taken on in my attempt to create the script
for my movie. Five minutes ago I was sitting here with my head in my hands wondering
what the hell I was thinking trying to write a movie and that I can't ever show this to anyone because it's so embarrassing. I don't know anything about writing compelling movies. I've felt successful at it once and I didn't write any of the material. It was a documentary. But then I spend alot of time writing and I think that I'm actually doing a pretty good job. These fluctuations used to come every other day but now they come all day everyday. It's even happening right now! I can feel my mind wrestling with itself constantly and no one side ever prevails over the other for long. It's beginning to induce quite alot of panicing. The only thing that really helps is to remember that it is far to late to change my idea and therefore I must press on. Not that I want to change it. It's good. Wait. No. It's boring. No. .
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