music contracts and licenses

Subject: music contracts and licenses
From: reggie miles
Date: 05 Jan 06 - 01:24 AM

Hello all,   

Living as I do in this very isolated part of the country I've been   trying to use the web as much as possible to reach beyond my    relatively limited scene here. As a result of my attempts at trying to get my music and writing into more ears I've recently received an unusual request. I received an email today from some folks in NY.   They've asked my permission to use a two minute portion of one of my newest songs, "Katrina Blues" as a part of a documentary that they   are preparing about the aftermath of this tragic event.   

I don't know of many folks that have had their music linked to   video, television, or movies. There may be a few here who have had experience with this. I wonder if I might ask your council regarding this request I've received. I've not yet contacted these folks with any answer yet because I wanted to seek what wisdom I could from those who I think might be able to offer advice in this matter.   

On one hand I'm flattered and honored that these folks have taken   the time to contact me and ask my permission to use one of my songs for this project. Since writing this song I've wanted to use any   profits from the use or sale of it to benefit those still in need   due to Katrina's aftermath. How these folks from NY managed to hear about my song is as of yet a mystery, though as I said I have been   actively trying to get my music out and into more ears via the web.   

My problem is that I have no management, agent, agency, lawyer,   actual production company, recording deal, or any other kind of   industry support that I can turn to for assistance regarding my   decision in this matter.

(1)Could anyone here at this forum offer any advice regarding this matter?

(2)Has anyone had to negotiate anything like this before?

(3)Do you think I might need to consult with someone like a contract attorney before making this agreement?

(4)Have you any recommendations of someone that I could trust to help in this regard?   

(5)Am I making too big a deal out of this whole thing?

Maybe I should just say yes and hope for the best. I'd like to at least obtain a copy of the finished work for my records so I could include it as a reference in my promo credits. At most I would hope that my song could garner more attention to the plight of those still in need. That seems to be the intent that these folks are aiming at with their documentary. I would hope that, as a result, this project might help to offer more hope to the folks affected by this awful tragedy and that they might find more help.

Here's the note I received.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dear Mr. Miles,

We are two Spanish documentary filmmakers living in N.Y., currently finishing a piece on the hurricane Katrina. The reason of this e-mail is to ask permission to use 2 minutes from your composition "Katrina Blues".

We are aware of the financial value of this request, we are well-seasoned professionals with a long list of credits, and we know the costs of things. On September 1rst Mr. Villanueva and I drove to the Golf Coast and to New Orleans, we spent 9 days documenting the devastation and the morale of the people we encountered. We invested our money for everything at this point.

We would like to negotiate a contract in which we could use the music for festivals only, but with the aim to upgrade the rights if we have a commercial offer of if we obtain any financial gain.

Finally, I would like to unsure you that if we obtain your   permission for the music, it will be use in the most respectful   manner, It won't be use in any way out of context or for a political wiev, we only want to use this very appropriate piece of music to   accompany the somber events that took place the following days after the storm.

Please contact me if you have any questions, if you would like to   know more about ourselves or about this project. Looking forward to your reply.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

My sincere thanks to you in advance for any help that you might be   willing to offer.

Saw ya later, Reg

Subject: RE: music contracts and licenses
From: Jeri
Date: 05 Jan 06 - 09:27 AM

Reg, Jed Marum would be of help. You can send him a PM here, but I don't know how often he checks in. His web page is here: 'Contacts' has his e-mail address.

My interpretation of the letter is that they'd like your permission to use part of your song for free, and show the flm at (film) festivals only. If it's later picked up for distribution and becomes commercial, they'll renegotiate.

It's fascinating, trying to figure out how these guys heard the song. We have a couple of NY folk DJs in the house, though.

Subject: RE: music contracts and licenses
From: GUEST
Date: 05 Jan 06 - 11:13 AM

Jeri,

Many thanks I'll try to reach him.

Reg

Subject: RE: music contracts and licenses
From: Seamus Kennedy
Date: 06 Jan 06 - 12:30 AM

Reggie, you also might want to PM Mudcatter Alaska Mike. I think he's been approached by movie types as well.

Seamus

Subject: RE: music contracts and licenses
From: Leadfingers
Date: 06 Jan 06 - 10:59 AM

This may be teaching Grannie to suck eggs , but first thing is to make sure you have Copyrite sorted for ALL your material ! Nothing
worse than trying to prove in court that it WAS yours in the first place !!

Subject: RE: music contracts and licenses
From: GUEST,reggie miles
Date: 06 Jan 06 - 11:52 AM

Leadfingers, will do that copyright chore right away.

Seamus, thanks I'll try getting in touch with Mike.