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When creating movies or short films, you may use music, alongside sound effects, to build up the atmosphere. However, your chosen music may be covered by intellectual property (IP) protections such as copyright. To use music in a film or movie, you must first acquire a licence from the owner (typically, a record label). Without taking this step, you may leave yourself liable to legal issues and claims, especially if you are using copyrighted music. However, this may result in some financial costs, and you may consider instead sourcing free music. This article will explain music copyright and how you can use music for free in your film.
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Copyright
Copyright offers legal protection to creators or authors for the expression of ideas and automatically attaches to the work created. For instance, this article receives copyright protection automatically. Copyright protection lasts for the life of the author of the musical work and expires 70 years after the author’s death. To use music in a film, you must obtain permission from the copyright owner. Permission is in the form of a licence, which states how you can use the music, for how long and for what cost.
Copyright Expiration
Beethoven, Debussy and Mozart are some of the greatest composers and artists to have ever lived. As these composers, as well as other classical artists, have not been around for over 70 years, their works and music are no longer protected by copyright. As a result, you, as a filmmaker, can use their music for free to enhance your production.
The effect music can have on a film is evident in the finished product. Featuring one of the most recognisable pieces of music is sure to engage your audience. However, this does not mean that you can use any of Mozart’s compositions you stumble across on YouTube. Instead, the specific recording you choose may still be copyrighted in other ways. While the copyright has expired in the music, a recorded piece of music has many layers of copyright protection, including:
- the music and composition;
- the lyrics; and
- the recording.
Free Music
Your primary barrier to accessing music for free will be finding a recording of the music that you can use free of charge. The copyright in the music and melody may have expired, but if an artist creates a new recording of the song, they will receive copyright protection for their recording. For example, if the Melbourne Symphony Orchestra records a piece by Debussy, they own that recording and have copyright protection.
So, you can use music in your film for free if you learn and record yourself playing, for instance, a classic piece. In this case, you are the author and owner of original music and can use it in your film for free.
Continue reading this article below the formMusic Licensing
If you choose to use more contemporary songs, you will most likely need go through a music licensing process. This involves agreeing to a synchronisation agreement and/or a licence agreement. The agreement will be between the production company (or producer) and a record label. Acquiring permission from a record label to use copyrighted songs in your film does not come without a cost.
Record companies will likely demand payment for using any copyright-protected recording. Failure to pay may result in recording companies choosing to pursue the matter through litigation, which can be costly and time-consuming. To build sustainable relationships with music partners, you should speak with an IP lawyer to help navigate the process.
Key Takeaways
Music is an integral part of every film and can significantly improve the quality of your production. However, you must note that some music can be protected by copyright law, and if used without authorisation, may result in legal action against you. As a result, your should carefully consider the music you are planning to use in your film. You may be able to source music for free where the copyright has expired. On the other hand, if the music is still protected, it is crucial you obtain permission from the copyright owner first. This will usually be accomplished via a licensing agreement.
If you have any questions about music copyright, our experienced IP lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to solicitors to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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