Here's my deal:

Gabriel and Dresden recently remixed Gustavo Santaolalla's "The Wings" from the motion picture Brokeback Mountain. I'm almost done with a trance remix of a different song by same movie and by the same artist. I basically took just guitar samples and some strings and sampled them in my track. The problem is, I can't find where or whom to contact regarding the music licensing department to work out a sample licensing agreement (or any agreement for that matter.)

Can anyone give me any pointers as to where I should be calling specifically (studio) or in general (department)? The best I got was a receptionist at Precision Mastering in Hollywood, where Tom Baker did the mastering for the soundtrack. My question has been put on hold there because the only people who might know the answer are out of the country.

Should I try to ask Gabriel & Dresden how they did it? Or should I contact their publisher? I think Cloud9 represents them but their contact information is in the Netherlands and I have a feeling they won't be speaking English. Would it be lame to ask the artists themselves on myspace? It would be humiliating and something along the lines of, "Hi, I'm a big fan. So uhhh...who'd you contact to get that licensing agreement anyway...?" Maybe it wouldn't hurt to try?

I have two DJs that want to spin my track but I don't want them to until I get the clearing. But I'm getting the biggest headache trying to figure out how to get the clearing.

Thanks for any help....

Oh and when this song is finally finished & licensed (so I don't get sued), I'm putting it on this site for listening review.

Last edited by Jake Benson on Mar-25-2006 at 00:20

In the UK if you know the title and the artist you'd contact the MCPS and they would provide contact details for the publisher, I'd think in the USA it would be the "Gasp" RIAA you'd turn to for help... If you have a copy of the sound track CD the publisher should be listed in there, google them and ask for their licencing department.

I did something similar a few years back in the UK. I managed to negotiate a no-fee licence for up to 3000 copies (It was a small run Vinyl release). I suspect the reason being that it was too costly for them to collect royalties on anything below that number.Once it got picked up and wanted for comilations we had to go back and renegotiate, but it was pretty cool.

A very good friend of mine did a track with a massive Lisa Gerrard sample in it ("Sorrow" from the gladiator soundtrack). The label handled the negotiations for him, but it was apparently pretty easy.

I've been turned down though more than once. It's annoying after you've poured a large amount of effort into a track only to have it dinged.. Word to the wise peeps, it's NEAR IMPOSSIBLE to get Pink Floyd or Sheila chandra rights, even if you have perfect connections, for a dance release.

Publisher

hard to negotiate with sometimes....as they have the upper hand in respect of they own what you need to use, so the ball is in their court.A lot will try and take the piss- depending on how big the sample is- Hence why you see a lot of records nowadays with rerecorded/remade hooks instead of using the sample itself- its cheaper.

You could always put it out on a white promo incognito stylee..... not strictly legal, but everyone else does( that reason wont stand up in court ) - as long as its a short run you really shouldnt run into any problems.

I'd say it depends on the nature of the actual samples, and whether you're going to be selling it or not. I get the impression that you just sampled some one-hit guitar strums and plucks. If that's the case, then you shouldn't worry at all. This is actually covered by "De Minimis" in fair use law.

There are other factors that can come into this. Read up on fair use.

Essentially, the question is, are you sampling or remixing? In other words, are the samples just common guitar riffs that happen to have come from the movie, or whole melodies? If the former, don't worry about it. If the latter, there is another question: do you plan to publish it? Not publishing it does (or rather doesn't do) two things. First, it keeps your work on the down low, and no one will take a great deal of notice of it in all likelihood. Second, you aren't depriving your source of income, which is a factor in determining fair use.

If you still think you're infringing, then just look for the section of the CD that says who owns the copyright, (most likely Focus Features in this case), and snoop around for ways of getting in contact with them.

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Diginerd,

Thanks for the lead. I looked up the RIAA's website, but they have no contact number! http://www.riaa.com/default.asp What the hell?!?



I got a LOT of samples straight from the soundtrack and you'll know what the song is if you've seen the movie. So I want to take the legal route first. Still trying to figure out who to contact. It's also really hard when I wake up so late businesses are closed. I got a number for Focus Features now, so I'll try them tomorrow (will have to wake up int he early PM...*sigh*)

Hmm.. These guys look more closely related to the MCPS.

http://www.aarcroyalties.net/new/

They even have a phone number, but you are in trouble timing wise though as they're east coast.. :-(

quote:

Originally posted by Jake Benson Diginerd, Thanks for the lead. I looked up the RIAA's website, but they have no contact number! http://www.riaa.com/default.asp What the hell?!? I got a LOT of samples straight from the soundtrack and you'll know what the song is if you've seen the movie. So I want to take the legal route first. Still trying to figure out who to contact. It's also really hard when I wake up so late businesses are closed. I got a number for Focus Features now, so I'll try them tomorrow (will have to wake up int he early PM...*sigh*)

Everyone is missing a lot of thigns out here dude. Firstly if your niking anything from TV ro Film you need to get permission from the 'Writter of the script if it contains words (providing he/she still own's the rights)', 'The Writter of the musical part (providing he/she still owns the rights)', 'The Producer of the film' - after all he produced the film and said what goes in it musically wise and the 'company'(universal for example) who actually produced the film, also if you niked words you need to speak to the person who said them, as by law they can take you to court.

Approaching a publishing company doesnt neccessary mean that they own the rights to everything, it all depends if the producer or company who made the film agreed to sign their rights away. Look at the credits at the end of the film, approach the company who made it and list down the names of the musical part who produced and wrote it from which you stole. The company will have all the details on file (who wrote the film, who made the music and all their contact details), but be patiant cause they will take for ever to get back to you, if they even bother.


If you are still unsure about this all, then go to your local books tore anbd buy yopurself a copy of Donald S.Passman's 'All you need to know about the music business'. That will sort you out and good luck.

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