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Paying to use music on a spoken word release

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  • 18-08-2008 9:17pm
    #1
    Sham Squire
    Registered Users Posts: 501 ✭✭✭


    Just wondering if anyone has any experience of using someones music on a CD you were releasing? For example, if your doing a spoken word CD and the people putting the CD together want to use someones music in the background what's the standard payment for that? I'm assuming it's different rates depending on the level of the artist but for someone small like a local harp player or the like what do you pay them?
    Any info appreciated.


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    #2
    PaulBrewer
    Registered Users Posts: 7,790 ✭✭✭PaulBrewer


    Sham Squire wrote: »
    Just wondering if anyone has any experience of using someones music on a CD you were releasing? For example, if your doing a spoken word CD and the people putting the CD together want to use someones music in the background what's the standard payment for that? I'm assuming it's different rates depending on the level of the artist but for someone small like a local harp player or the like what do you pay them?
    Any info appreciated.

    I'm sure someone with expertise in this area will post soon....

    However technically there are two elements to this, a performance royalty, for the performer, and copyright royalty, for the composer.


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    #3
    Neurojazz
    Registered Users Posts: 1,759 ✭✭✭Neurojazz


    Talk to the publisher of the music/cd. I believe they hold the rights so best speak to them first and see what they say.


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    #4
    squibs
    Closed Accounts Posts: 975 ✭✭✭squibs


    Interested in this myself, and still trying to understand the creative commons license.


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    #5
    Sham Squire
    Registered Users Posts: 501 ✭✭✭Sham Squire


    As far as I understand it, the creative commons agreement means you grant permission for anyone to use your work or sample from it once they pay the standard fee in your region. I think it just means they don't have to track you down to ask can they sample or use your stuff, your automatically saying yes but you still get paid.
    I am prepared to be corrected on this though. I have the issue of TapeOp with the article but I'd have to go dig it out to check.


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    #6
    tweeky
    Registered Users Posts: 308 ✭✭tweeky


    You will need to talk to the Record Company as well, as they will own the rights to the recorded performance. You will in effect be licensing the track.

    The Publisher will have to be informed as well in relation to the text of the spoken word as the artist/publisher will have an opinion on whether or not they want their work associated with yours. There is a royalty that will have be paid on airplay and a mechanical royalty on every CD manufactured .

    Info on this is available from IMRO,MCPS and the PPI.

    http://www.imro.ie
    http://www.ppiltd.com/


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    #7
    Sham Squire
    Registered Users Posts: 501 ✭✭✭Sham Squire


    It's an independedt artist who is not signed to a record company or a publishing house. Do you reckon it might be comparable to a session musicians buy out? And what's the going rate for that? I will obviously be asking the artist what they want at the end of the day but I'd like some kind of guideline before entering into discussions about fees.


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    #8
    raindog.promo
    Registered Users Posts: 1,514 ✭✭✭raindog.promo


    Sham Squire wrote: »
    As far as I understand it, the creative commons agreement means you grant permission for anyone to use your work or sample from it once they pay the standard fee in your region. I think it just means they don't have to track you down to ask can they sample or use your stuff, your automatically saying yes but you still get paid.
    I am prepared to be corrected on this though. I have the issue of TapeOp with the article but I'd have to go dig it out to check.

    From what I understand, there is no fees involved. Pieces of music with a creative commons license can be used / sampled for any other piece of work as long as it is mentioned where the original sample came from and by whom it was created. Also the piece of work you create using a creative commons license, must also have a creative commons license (i.e. other people can then sample the new piece of work under the same rules)


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    #9
    Sham Squire
    Registered Users Posts: 501 ✭✭✭Sham Squire


    That's waaay better than what I said. Nice 1 for clearing that up.


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    #10
    squibs
    Closed Accounts Posts: 975 ✭✭✭squibs


    From what I understand, there is no fees involved. Pieces of music with a creative commons license can be used / sampled for any other piece of work as long as it is mentioned where the original sample came from and by whom it was created. Also the piece of work you create using a creative commons license, must also have a creative commons license (i.e. other people can then sample the new piece of work under the same rules)
    That sounds about right, although I think you are talking about the by-sa agreement, and there are many other types of agreement with different levels of protection.

    From the CC site:
    Attribution (by)
    Choose by license
    This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with your works licensed under Attribution.
    Read the Commons Deed | View Legal Code
    Attribution Share Alike (by-sa)
    Choose by-sa license
    This license lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit you and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use.
    Read the Commons Deed | View Legal Code
    Attribution No Derivatives (by-nd)
    Choose by-nd license
    This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.
    Read the Commons Deed | View Legal Code
    Attribution Non-commercial (by-nc)
    Choose by-nc license
    This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.
    Read the Commons Deed | View Legal Code
    Attribution Non-commercial Share Alike (by-nc-sa)
    Choose by-nc-sa license
    This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature.
    Read the Commons Deed | View Legal Code
    Attribution Non-commercial No Derivatives (by-nc-nd)
    Choose by-nc-nd license
    This license is the most restrictive of our six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially.
    Read the Commons Deed | View Legal Code


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