Music rights for cover band documentary

[jeff42]

What is the name of your state (only U.S. law)? PA

I am in the pre-production phase of producing an independent documentary on local cover bands/ bar bands. The big question is: would I need to get clearance/ rights to the music performed by these bands in any of the broll I shoot of them that ends up in the documentary? Any advice would be great. Thank you!

Jeff

 

[FlyingRon]

You betcha. There are music clearance businesses that specialize in this sort of thing.

 

[jeff42]

that's what I figured. But I was also told I may not need clearance because of the documentary style I am just "capturing the moment" and what ever is going on is going on. I didn't exactly buy that one and that's why I posted here. We are going to go ahead and start shooting soon. Hopefully we can get enough interest in the project that we would have some $$$ for the clearances.

 

[Hot Topic]

People "capturing the moment" usually end up capturing the attention of attorneys in that field.

 

[justalayman]

something else that you might want to verify as well:

do the bands have the proper permissions to be playing the music they are. While it would not be your battle, your video would certainly be the gun used to shoot the performers illegally using other's music.

 

[FlyingRon]

Since he said "cover band" I assume they're covering the mainstream stuff. In that case "permission" is by and large engendered by the fact that the copyright owner is represented by one of the Performance Rights Organizations (ASCAP/BMI/SESAC). As long as the venue is paying the license fees, they are OK.

Even to make records by a cover artist is fairly easy. There's a compulsory license and statutory royalty rates (and again most of the mainstream stuff is represented by an industry agent: HFA).

However, if you use the music in a movie or television show, or as the background for a theatrical performance, all the "greased" licensing goes away and things need to be specifically negotiated and approved.

 

[justalayman]

.

As long as the venue is paying the license fees, they are OK.

I just figured, since OP does intend on making sure he is legal, it wouldn't hurt as a reminder.