How to Obtain Permission to Use Copyrighted Music for Commercial Purposes
Texas Music Office
https://gov.texas.gov/music/page/obtain


Course Readings: Introduction to the Music Industry | Fall 2017
Dr. Stan Renard
How to Obtain Permission to Use Copyrighted Music for Commercial Purposes
Texas Music Office
https://gov.texas.gov/music/page/obtain

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At the very end, the article explains that the information that it gives does not substitute for legal advice and that you should get a lawyer. Finding the right lawyer may be difficult, especially if you do not know what you are doing. Thankfully, we have the internet to help us along with it. Here are a few qualities to look for in a copyright attorney: http://www.nolo.com/legal-encyclopedia/hiring-copyright-attorney.html
This article gave the information need to get and use copyright for commercial use. It also gives out resources to look at for more information about getting a lawyer, contacting the publishers, and etc. With the internet, we can be sure to get the information needed to get permission for a particular song.
http://fairuse.stanford.edu/overview/introduction/getting-permission/
It is interesting (and confusing) learning about which licenses serve which purpose. Focusing on mechanical licenses, this explained clearly the exact steps in obtaining these rights. This is helpful in further understanding the extent of a mechanical license: https://www.harryfox.com/license_music/what_is_mechanical_license.html
Although the list of steps seemed short, by reading it you can tell this is not an easy process to obtain copyrights, and it’s definitely not an over-night process. I think it also depend on who is asking for tight rights of the music property. For instance for Apple commercials they are always including music when it comes to advertising anything whether it be a new phone, apple music, or a new update. Sometimes they even include the artist in their commercial singing their song specifically in the commercial. An example of that would be James Bay who did an acoustic version of Hold Back the River in one of their commercials which has never really been recorded. Not sure if that would make it now Apple’s music property or who it belongs to. But back to the point, I believe these steps can come off as rather difficult or rather easy it just depends on the person or company trying to obtain these rights. There is actually an article of how Apple has actually launched many music careers just by including their music in their commercials. The process in obtaining copyrights can be a lot easier if you are actually both benefiting by boosting that artists music career by creating this platform that their song stands behind.
http://mashable.com/2010/07/05/apple-commercial-songs/#wQhHO.t8PSqh
BMI, SESAC, and ASCAP have tremendous support from artists of all backgrounds and genres. These incredible networking communities keep the artists happy and seem to have their back every step of the way. That said, it may be difficult to choose which one is right for you as a songwriter/artist. The last link is a video that offers some differences between the three.
BMI – https://www.youtube.com/watch?v=zry_k9qY7Yk
SESAC – https://www.youtube.com/watch?v=CwCS8v4rYIA
ASCAP – https://www.youtube.com/watch?v=d_s8UJAma2c
https://www.youtube.com/watch?v=3yy9ozdo0ZI
This article was helpful in simplifying what it takes to use a song in a commercial. I always wondered how some of my favorite artists got their songs in TV shows or commercials. It is also helpful to unknown artists to have their songs heard on TV. If someone wants more advice on using a song in a commercial or even ways to use public domain and free tracks they can visit:
https://www.miksmusic.com/how-to-legally-use-copyrighted-background-music-in-video/
I think the this article did a great job on explaining how to get permission to use copyrighted music in simple easy to follow steps. In order to record and distribute property that isn’t yours you must obtain a mechanical license, but I didn’t know that a mechanical license is only good for sound recording. If you want to use the song in a video, television or film you must obtain a synchronization license. For more information on what mechanical licenses are and why you need the visit https://www.harryfox.com/license_music/what_is_mechanical_license.html
Reading the process on how to obtain a copyright license seems pretty simple but I feel like when you are actually trying to get a license or permission from these certain people, its actually really time consuming and difficult. However this was helpful in breaking down the steps because this whole process can get very confusing very quickly. Here’s another article that helps break down the lengthy process.
http://fairuse.stanford.edu/overview/introduction/getting-permission/
Obtaining a mechanical license seems pretty straight-forward. As long as you have the proper song information, some cash, and the contacts of various performing rights organizations and publishers, you can get permission to use (almost) any song you want for (mostly) any situation. Not that it’s easy, just easier than I thought. Though if you’re making a video, and going through the trouble of getting both a mechanical license and a synchronization license doesn’t seem worth it, maybe look into Creative Commons licenses: https://creativecommons.org/about/program-areas/arts-culture/arts-culture-resources/legalmusicforvideos/
This is helpful for artists looking to cover or sample another artists works as well as businesses looking to use an artists music for things like commercials. It’s interesting to wonder how the process itself goes and how they would decide to allow permission to use the music being requested. It also shows that without these clearances the works being used cannot be used for commercial reasons.
http://www.theindustryobserver.com.au/the-chance-the-rapper-lawsuit-that-could-destroy-the-hip-hop-industry/
This article was very helpful clearly writing the steps on how to obtain a license, and did so in a fairly simply manner. They make it clear to make sure you have written permission for the use of a song. The company you got permission from could easily turn around and say that they never allowed you to use the music, then you’ll find yourself in a whole mess of legal trouble.
This particular reading also got me thinking about fair use, and how you don’t need to require a license for certain purposes. This link helps explain the idea further.
http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
I know we will likely touch upon this topic in class, but while looking over the copyright policy for YouTube (which is interesting to look at), I was directed to their description of Fair Use. It is essentially when you can legally use copyrighted material without permission. It mentions works that “create new meaning for the source material may be considered fair use”. I wonder if it has something to do with the 25% difference rule Dr. Renard has mentioned in class.
If you’d like to read about it more, you can check out the link below.
https://www.youtube.com/yt/copyright/fair-use.html
This article helped me gain a better understanding of the steps needed to take in order to just get permission to use copyrighted materials. I found another website that lays out more information on the whole topic. This whole process seems like a headache and time consuming. Without the guarantee that you will be granted permission to use such material. This site lays out a little more detail and some FAQs as well.
http://fairuse.stanford.edu/overview/introduction/getting-permission/
Last class we really got into this topic and the professor explained exactly how this works but now this reading gave me necessary details to answer all my questions. We also discussed things as how your song has to be 25% different to another song for it to be legal. I didn’t really thought about it as serious but now I know how to take my precautions and tell others about this things to avoid any trouble.
http://diymusician.cdbaby.com/musician-tips/5-things-every-musician-know-copyright/
I wanted to clarify that the Harry Fox Agency is NO LONGER a subsidiary of the National Music Publishers’ Association. It has been acquired by SESAC Inc. Below is the press release announcement as of 7/7/2015:
https://www.sesac.com/News/News_Details.aspx?id=2253
I agree with Danelle, when it comes to using music on YouTube. There are so many people that may or may not be following the copyright laws, but the article I read below tells us how to add music to videos you choose to make whether it’s for family or the entire world to see. I never thought it would be so extensive and time consuming the process in order to get approval to use the song. I know when I made a memorial video for a family member I thought it would be something as simple as buying the song via iTunes and I could use it how I please. However, now I am aware of the correct process on how to get permission to use the music and also to avoid any legal action from publishers. This is a good article to read if you create videos for family and plan on putting it on social media or sites like YouTube.
https://www.lifewire.com/legally-add-copyrighted-music-youtube-1616424
This article explains very well what is required to obtain copyrighted music for commercial use. While reading this article, I thought about Drake, and how he some of his best hits have been sampled from other songs. In fact, Drake has been sued for using bits and pieces of others musicians work. However, he used the “fair use” argument we discussed in class the other day. He might have transformed some songs by 25% to make them his own original beat.
Here’s a link of the most well known Drake songs and the songs he has sampled from.
http://www.capitalxtra.com/artists/drake/lists/best-songs-samples/
Here’s another link talking about a lawsuit he has faced.
http://www.hollywoodreporter.com/thr-esq/drake-beats-lawsuit-sampling-winning-fair-use-argument-1008935
I think its amazing, the amount of time and thought that goes into the making of commercials, considering that they don’t technically NEED to be made. One thing that came to my mind while reading this article was super bowl commercials considering their production value is superior to regular commercials.
below is a link that can take you through guides on how to get your commercial played at the super bowl: http://smallbusiness.chron.com/super-bowl-commercial-tv-14730.html
The reading kind of confused me a little bit just because it’s hard to understand which license is used for what purpose. Now reading this I feel like a lot of the things people do when it comes to music is really illegal. But it’s only because they don’t know about legality and licensing but I hope they can.
https://www.harryfox.com/license_music/what_is_mechanical_license.html
Gaining permission to use copyrighted music is always an interesting subject to me because I am employed by churches to play piano/keyboard. Usually, churches will use copyrighted Christian music as opposed to writing their own worship songs for the service. Churches have a copyright exemption because of the nature of the service, so they don’t need a performance license to play the songs in the context of the service but they DO need a license for almost everything else related to using the song. It’s very interesting why churches don’t know this and don’t seek proper licensing.
Here’s a lot of info on that:
https://www.christiancopyrightsolutions.com/blog/6-myths-about-copyrights-that-put-your-church-at-risk/
I think about this article and when this matter was not so important. I believe ownership, licensing and copyright regulations are very important. I also believe that this would not be an issue if proper money and credit was given every time an artist sampled another artist’s original work . This use to not be much of an issue, but as some artist started getting more recognition from others it started to become an issue. The link below explains the beginning of sampling and how there was a since of innocence before everyone wanted recognition for.
https://www.youtube.com/watch?v=H3TF-hI7zKc
How to get permission to use a copyrighted song?
http://www.copyrightkids.org/permissioninformation.htm
“Also please be aware that songs can be owned by more than one music publisher. You need to obtain permission from all of the publishers who own copyrights in a song in order to use that song. The easiest way to find the contact information for a music publisher is through ASCAP, BMI and SESAC.”