Masquerade music licensing

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Snapai's picture
"Hey! What's the big ideeeeeaaaa?"

Location: Columbus, OH, USA

Website: [Link]

Hi all! I've been working on a 2D animation project for my own amusement/experience, and, if the rough is completely ready by Anthrocon, would like to show it.

From what I understand, the Masquerade is the event to offer it at, as it's for (a) costume performances and (b) visual media skills - I remember an AMV being shown at it last year.

And, according to the rules, I'm gonna need to get a sync license from Universal Music Publishing Group to do so. ( http://www.anthrocon.org/rules-masquerade )

Okay, so far, everything's fine.

What I am confused about, is exactly what I should be putting on the application. UMPG has a licensing site, http://www.synchexpress.com/licensing.aspx - with a number of licensing options that would make a lot more sense if I was actually trying to sell this project, rather than trying to show it for no $ at a talent show at a nonprofit organization!

Do I select-

  • "Film Festival"? for the license type? It's being shown at the Masquerade
  • "Master Use"? I'm using a track off a CD.
  • "Non-theatrical/educational"? No-one's getting paid for this.
  • "UMPL/Miscellaneous"? This sounds suitably vague. o.o

The preview of this project is on Youtube (which I should likely have a license for too, but at least Youtube automatically pays them advertising dollars if something matches their content) - http://www.youtube.com/watch?v=OCYw9_wzsKQ

Any advice would be greatly appreciated! It may turn out that I can't get licensing, which - ya know, would suck that I can't show it off on a twenty-foot-tall screen, but I'll still have the project on my laptop in the zoo or whatever, so folks can see it there while I'm workin' on it. Thanks!

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SimbaLion's picture
"Audio / Video"

Location: Chicago, IL

This user is a Board Member. This user is a Staff Member.

First, are you 100% certain that you're contacting the right people for the song you want to use? If so, I suggest calling their office directly, and asking for help on obtaining a synchronization license. Each company has slightly different forms, or slightly different ways they like to do this, and I've found the easiest way to get questions answered is a quick phone call.

I hope that helps you!

Steve Hopps aka "Simba Lion"
Anthrocon 2008 A/V Director
http://www.anthrocon.org/
E-Mail: smblion@anthrocon.org

Snapai's picture
"Hey! What's the big ideeeeeaaaa?"

Location: Columbus, OH, USA

Website: [Link]

I'm pretty sure they're the right one - Synch Express is the site for Universal Music, which is the parent parent parent company of the label that Mika's music is under (Casablanca). Plus, it matched as belonging to UMG when I posted that preview to Youtube.

I kinda' suspect if I could get in touch with someone closer along the chain towards Mika, I might run a better chance of getting a license gratis, since it'd be avoiding some default administrative fees? Assuming that, as singer/songwriter, he may still have some say in use of a master recording.

And this is still on the fence- with the rough not done yet, and only 28 days to the con, I'm considering just skipping the Masquerade this year, and spending the time to get licensing for next year, as well as finishing the project. :3

SimbaLion's picture
"Audio / Video"

Location: Chicago, IL

This user is a Board Member. This user is a Staff Member.

I adore Life in Cartoon Motion, I hope you have good luck getting permission! Smiling

Steve Hopps aka "Simba Lion"
Anthrocon 2008 A/V Director
http://www.anthrocon.org/
E-Mail: smblion@anthrocon.org

Protocollie's picture
"Con Chair. (That means you're not allowed to move me.)"

Location: Philadelphia, PA

Website: [Link]

Let me give you a quick heads up as I've worked in television and film both on the independent side and corporate, I can toss you a few pointers.

Unfortunately, you're not going to get a gratis license for anything. It doesn't matter what your intents are or how charitable or artful your project is, current music industry mindset leans towards any free use of music having the ability to destroy the company.

Even if you get close enough to Mika, artists like him generally don't have sufficient rights to give permission to use things. Thattttt said:

Chances are good that you won't get slammed using this for the masquerade, I really think you're looking too far into it and getting too worried.

The general rule is once the media likes your project, you need to start being worried about the media coming after you. As long as you're not going to festivals where the main intent is showcasing film in an attempt to get noticed by someone else's work, you should be in the clear.

The point is, until you have plans to be showing this in places with major media attention, your best bet is to ignore the copyright ownership and just go with it. Plenty of people use copyrighted music at the con and I can't imagine most of 'em bought rights. In the event you're looking to profit, then you can definitely consider (and should consider) purchasing rights and chances are they can work with you for something reasonable. Sometimes you don't even need to - I did a video piece to a song once and uploaded it to youtube, and then it became an official video for the track. I was given rights because they liked the finished product. Had I come to them beforehand, it would have been more messy.

Again, this is just by my experience - media companies are simultaneously careless with and complete nazis about their music rights, and their attacks are generally shots in the dark to make examples rather than the products of lots of research and endless policing. Once you start -talking- to them about your project, though, things can get very serious very fast.

Just pleeeeeeeeeaseeee finish that damn animation, it looks too cute.

SimbaLion's picture
"Audio / Video"

Location: Chicago, IL

This user is a Board Member. This user is a Staff Member.

Per the Masquerade Rules.

Quote:
Due to licensing laws, visual presentations cannot include licensed music unless the participant either can prove they have obtained a synchronization license directly from the publisher, are using music that they themselves recorded, or are using public domain material (published prior to 1922).

Steve Hopps aka "Simba Lion"
Anthrocon 2008 A/V Director
http://www.anthrocon.org/
E-Mail: smblion@anthrocon.org

Protocollie's picture
"Con Chair. (That means you're not allowed to move me.)"

Location: Philadelphia, PA

Website: [Link]

You've got to be kidding me?

I've definitely seen skits up there where there's no possible chance on god's great earth that the person on stage obtained a license, I just can't imagine it.

Hwhaatttt?

Snapai's picture
"Hey! What's the big ideeeeeaaaa?"

Location: Columbus, OH, USA

Website: [Link]

This is a new rule for this year at AC.

I imagine they must've gotten a warning letter after last year?

I think it only applies to "media presentations" - ie, FMVs, not stage shows, however.

Which unfortunately, this project IS a media presentation, so pewp. But I'll have it on my laptop. I'm not gonna get the roughs done before AC anyways, at this rate - not with designing my costume too.

SimbaLion's picture
"Audio / Video"

Location: Chicago, IL

This user is a Board Member. This user is a Staff Member.

Nothing so dire happened. Rather, this rule was created to avoid problems like that in the future.

Steve Hopps aka "Simba Lion"
Anthrocon 2008 A/V Director
http://www.anthrocon.org/
E-Mail: smblion@anthrocon.org

Killjoy's picture
Location: NY

Well, there's a few ways around it.
1) lie and say you have the right to use it under the "Fair Use" rule that all the people on youtube use to say F-you to the copyright holder when they post movies/animations they've done on there featuring copyrighted music. If you want more info on fair use then look here: http://en.wikipedia.org/wiki/Fair_use

2) Don't show your animation at the masquerade, show it on a lap top in the zoo. Or go buy a digital projector and throw it up in the side of a building at night. Smiling

3) Get a bunch of angry furs together and protest outside of the masquerade. Mention lawyers too, nothing gets a responce like a threat of being sued. Not that you could sue but it'd get attention. (I really don't recommend this one, just trying to be funny)

Softpaw's picture
"Photographer-Pup!"

Location: Harrisonburg, VA 22802

Website: [Link]
Blog: [Link]

A mid-grade digital projector will visibly display an image on the roof of the convention center from the Westin.

...Not that I've done it, or seen it done... >.>

jovina's picture
Location: Maryland, USA

Website: [Link]

I think it may also be an issue whether or not your production is included in the masquarade video that will be sold later. Just something to keep in mind.

Jovina

Triggur's picture
"Promotions Director"

Location: Fort Collins, CO

Website: [Link]
Blog: [Link]

That is 16 kinds of fantastic. Please do keep working on this, I can't wait to see the final results.

cheetah's picture
"Video Production Director"

Location: Chicago, IL

This user is a Staff Member.

Film Festival is the correct selection for an initial license request. They're mostly interested in what context the music will be used. Describe the project itself under 'Project Synopsis' and under 'Notes' explain that your project will be shown in a film & performance presentation at a nonprofit convention. They'll likely want to know how many people will see it, as well. Typically the lowest multiple is 5000 people, which is more than adequate for AC (and when that ceases to be sufficient, I think it's time to go hide!).

Difficulty and expense in obtaining synchronization licensing for the DVDs (as they are sold, though not for profit) is why the video presentations are not included on the Masq DVD.

Zorin Fox's picture
Location: Scottsdale,AZ

ok kinda confused with the music thing...ok im in the mascarade...and i we afe using the song c is for cookie..which i used a program to capture the video then used another program to extract the audio then converted audio to mp3... so its not the complete original but like i said i got it from a youtube video...so is ok that i use it? if not than i can alter it...

SimbaLion's picture
"Audio / Video"

Location: Chicago, IL

This user is a Board Member. This user is a Staff Member.

That's fine. What we've been discussing only applies to video submissions.

Steve Hopps aka "Simba Lion"
Anthrocon 2008 A/V Director
http://www.anthrocon.org/
E-Mail: smblion@anthrocon.org

Zorin Fox's picture
Location: Scottsdale,AZ

Thanx..i was getting worried for a second...ooo i cant wait to perform it ..heheh *big hugs*

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