Hey guys- Just wanted your advice on something. I'm putting together a short and 2 scenes for my film school applications. One of the scenes, however, currently features some music by a fairly big-name band that won't come out for about a month (I got it through a friend of a friend.) I've put a disclaimer stating that I don't own the rights to any of the music, but I don't want to get sued just for using the song. I'd think that no one would care, but if I send NYU/Emerson etc a clip with the song in it, wouldn't that technically be distributing unreleased music?
Any advice?

Isn't what you are proposing considered leaking copyrighted material? Answer this question... Wouldn't leaking bootlegged songs cause damage to the artists' reputation because the songs are

1) unofficial copies
2) leaked before initial release
3) breaking USA copyright laws

Well?

Lastly, would you be happy if your movie you worked so hard on were leaked a month before it hit theaters? What kind of filmmaker are you?

Just to clarify- I received an advance copy of the CD, it's not like I pirated this stuff off the internet. I plan on buying it anyway because I want to support the band. That said...

quote:

Lastly, would you be happy if your movie you worked so hard on were leaked a month before it hit theaters? What kind of filmmaker are you?

No, I wouldn't...but I'm not giving anyone a CD of the music, just using it in a clip. It's not as though the band will lose a sale (which is why these laws are in place, primarily.)

I suppose you answered my question to some extent, but I'm still not so sure. I don't know. Anyone agree/disagree with Liberal?

Why not just ask permission off the band if you can use their music? If they say yes, than use it. If not, find someone willing to let you

[I am not a lawyer, don't listen to me, etc.]

Several things are at play here:

You're using copyrighted music in your movie. This is illegal, but, to be honest, no biggie. I've got a thing about it, and I won't do it, but it's common all through high school films, and even into film school. No one cares.

You're using music that isn't released yet. This isn't any MORE illegal than using music that is released as long as you aren't bound to any license or contract. You might get sued for more money, but you're not going to get sued.

The film school people might realize it's prerelease music, if they know the band well, and this might... interest them. They might think you somehow stole it, or pirated a prerelease copy, or they might think you know someone in the band...

It might be best to put a tiny note saying the music used is prerelease obtained through a connection to the band, and is copyrighted.

I do NOT recommend putting this movie online. A movie online with copyrighted music is no biggie, but when it is a source of prerelease music they'd be all over you.

When I was applying to Emerson I saw that the application clearly stated not to use copyrighted material so I called the admissions dept. and they said as long as I acknowledge that I know I don't have permission to use it, then it would be fine, I'm sure other colleges would do about the same thing.

i talked to susan carnivan from nyu a couple months ago about this and she said its okay to have copyrighted music in the portfolio film BUT ONLY in the portfolio film and nothing else.

good luck

thanks guys. I ended up listening to some other options on my compputer and came up with something that has been released that works about as well as the other song. For the sake of simplicity I'm using that one. I do have the "I don't have the rights to any of this" disclaimer already.

ajadler...what do u mean by "in the portfolio film and nothing else?" What else would they see with copyrighted music?

it's for a film school application- you don't need to own the rights to use the material you put on your film (unless you do some kind of a world wide release- which im guessing your not). You can even submit that film into festivals and it would be ok if you don't own the rights. It sounds like this band is personal friends with you so i would tell them for personal reasons- but all that aside- theres absolutley no legal problems with you putting that song in your video.

That is incorrect Jefflev. You do not need to own the rights, but you do need permission to LEGALLY use the music. People break the law all the time, but technically it is still illegal.

Furthermore, you won't get far in festivals without permission. Most festivals require paperwork on your soundtrack.

"in the portfolio film and nothing else" meaning no festivals or anything similar

I can assure you that using any copyrighted material within your application films is fine. I've seen people using "famous" songs in some of the films they submit for evaluations for faculty. People just don't care.

People are definitely making way too big of a deal about this.

duders is correct- anyone who cares is anal. And when I say that, I don't mean to offend anyone, but it's true.

guys- I know about the copyrighted music thing, and i know no one cares. my question was about UNRELEASED music, not copyrighted stuff...but it doesn't matter anyway because i took that song out and replaced it.