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Rights - use of song in film

Posted: Tue Nov 15, 2005 6:08 am
by singingcrow
Hello,I am a Canadian soloist (guitar and vocals) and am not a member of any sort of union or organization. I have been asked to write a song for a documentary, which I've done, by a Canadian film maker, who has no idea about the legalities of these things. As of yet, the song has only been quickly recorded for coyright purposes, but not properly. I'm wondering what documents I have to get made up to have 100% ownership of the song.Any sggestions?

Re: Rights - use of song in film

Posted: Tue Nov 15, 2005 9:39 am
by matto
Hi,As the writer of the song you already have 100% ownership of it and will retain that unless/until you sign (some of) it over to another party (such as a publisher, for example). I'd recommend you properly register the song (in the US it would be with the Copyright Office at the Library of Congress, don't know if there's a Canadian equivalent). That way you'll have proof of your ownership of the song, should you ever need it.The next step would be to issue a license to the filmmaker; this is a document in which you give them permission to use the song in the movie and it also states when, how and how much you will get paid in exchange for granting them that license.Finally, if there's a chance the documentary will ever be shown in public, i.e. in Canadian or foreign (non-US) movie theatres or on television anywhere, you'll need to join SOCAN (the Canadian performance rights organization) and register the song with them, so you can get paid for these "public performances" of your song.Hope this helps!matto

Re: Rights - use of song in film

Posted: Tue Nov 15, 2005 12:40 pm
by hummingbird
hey singing crow, Matt's right on the money. Since you're having a song 'published' in a film, you should be eligible to join SOCAN. Just go to their site www.socan.ca and fill out the form - you can mail in your "proof". They make it sound harder than it is to join. When you fill out your SOCAN membership kit, which they mail to you once you are accepted, you get to choose whether you'll be represented by Ascap or Bmi in the states. H

Re: Rights - use of song in film

Posted: Tue Nov 15, 2005 5:46 pm
by singingcrow
Thanks Matto and Hummingbird,This seems so overwhelming. I'm, actually a non-aspiring singer song writer that does it because I love it, not for recognition. I haven't had a gig in forever. The business aspect feel so much like work! Well, I'll look into all this ASAP.Thank you again,Rhonda

Re: Rights - use of song in film

Posted: Tue Nov 15, 2005 6:38 pm
by hummingbird
Hi Rhonda - just a clarification - it's SOCAN you want, since you're Canadian.cheersH