Legal Question in Entertainment Law in New York
music license
Hello, I have a Master use license agreement from an artist in Australia to be used in a movie which I am producing.He is the author of the music.He has no publisher nor is he involved with any recording company.He cut the songs in his own studio.My question is this. All of the songs that he sings has his group as backup. Although I have secured a licensing contract with the author, do I have to get the groups permission also because they play or sing in the background?Also, they are not mentioned in the contract.
2 Answers from Attorneys
Re: music license
You must simply determine who has actual ownership of the tracks and seek their permission alone, determine through the contracts with your artist what his relationship with the back up group is and go from there.
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Re: music license
You're better off having a written agreement so a claim isn't made against you later. It may be that the artist's agreement with the group is that the work was performed for some kind of consideration but unless that's documented you are at risk. Another consideration is for the artist to indemnify you against any claims made by the group but if the artist doesn't have a "deep pocket" it probably won't help. Now is the best time to get your documentation in order. If you have produced a film in which you have invested time and money, considering an attorney to review this contract and prepare whatever else you need is a good investment. There are numerous attorneys on this board who can do this for you.
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