[Frameworks] copyrighted music in underground/experimental/avant-garde cinema

[Bernard Roddy]

Back when Steve Kurz was on the block, I posted a discussion of intellectual property at interactivist site:

http://interactivist.autonomedia.org/node/4923

If using music without clearance is considered bold on Frameworks, we may be rather far from appreciating what's going on in the Brose case.  

Activism has always been an important aspect of experimental and underground film culture, and although the legal developments and policing strategies hold some interest, official policies should not be a substitute for thought and debate.


Bernie




________________________________
 From: John Woods <jawoods01 at yahoo.ca>
To: Experimental Film Discussion List <frameworks at jonasmekasfilms.com> 
Sent: Sunday, January 6, 2013 9:05 PM
Subject: Re: [Frameworks] copyrighted music in underground/experimental/avant-garde cinema
 

Great question and something I think not discussed enough. There seems to be a don't ask don't tell attitude to this issue. My experience with local film festivals & screenings has led me to believe that most festivals don't care whether you've got the rights to songs or video clips. As long as you claim you've got the rights when you submit they don't worry. I've seen short films made on a shoe string that have used music from bands as famous as Elvis, The Beach Boys, Black Sabbath and The Beatles to name a few. I'm positive the filmmakers did not clear the rights.


In my own experience I usually use original music or obtain rights from local musicians. But I did use a public domain song for a film of mine a few years back. When I was researching public domain songs in the U.S. it seemed that a lot of this material is squatted on by various companies who may or may not have the copyright but will vigorously go after any violation. Because of that it seemed the practice was such that professional film company's would pay them for the rights as a way of protecting themselves.

I settled on using a classical  Beethoven song recorded in the 1930s and obtained on a well known public domain publishing label in Canada. At the time it was public domain in Canada and Europe but not the U.S. I decided to go ahead with using it as I lacked the money to get a U.S. clear song and since I had no expectations of the film ever being sold or broadcast. As long as I was clear in my own country I felt I would be fine. The song was looped in parts, edited in other parts and digitally cleaned up by a friend.


After a modest festival run it sat on the shelf until I decided to post it on YouTube last year. In the years since, the public domain status of that recording has changed in the EU and is no longer in the PD. I got flagged on YouTube by a company in Austria claiming copyright on the song. Since PD status can be easily changed in one country and not another, I will probably not ever risk using a song in the PD again in any major work. Unless its something very unique it seems like too much hassle.


However, as recent interests have drawn me to explore using locally shot 8mm & 16mm home movies and other found footage for a local history film I'm planning. I might soon have to explore the legal issues of using found film.


John






________________________________
 From: Matěj Strnad <matej.strnad at gmail.com>
To: frameworks at jonasmekasfilms.com 
Sent: Sunday, January 6, 2013 4:02:17 AM
Subject: [Frameworks] copyrighted music in underground/experimental/avant-garde cinema
 

Dear Frameworkers,

I have a daring question regarding your experience with screening but especially publishing of experimental film/video works which feature copyrighted music. 

With today's level of copyright-crusade, I find it quite unlikely that anyone working now would deliberately choose copyrighted music without permission in his film (without perhaps conceptualizing it somehow).

But there surely are many works from the times when this issue wasn't so exposed, I mean Harry Smith's films and such. I quite understand a certain touchiness of this subject (that is probably why I found so very little about it), but I would very welcome any relevant tips/readings/examples/contacts.

It is not only my personal curiosity, dissatisfaction with how intellectual-property laws push economics over creativity (or effectively force us to disregard a part of our cultural heritage, so to speak). It is also that we are dealing with this problem right now (preserving and digitizing 8mm films from the 70s which were originally accompanied with copyrighted, US-record-label kind of music).

With many thanks for any on- or off-list responses,

Matej Strnad

student at
Center of Audiovisual Studies
Film and Television Faculty of the Academy of Performing Arts in Prague, CZ

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