Legal Question in Entertainment Law in New York

looks like you will need a number of licenses for your picture. Please contact me if you'd like help with this. Best way to reach me is via email at [email protected]

The simple answer is clear songs that are identifiable and for which a fair use or de minimis defense can't be asserted. Studios would clear everything in sight whether it was legally necessary or not but indie films, while no different legally, are usually giiven some slack. Specifiically, however:

"Tonight, Tonight: While you may be usiing it as a parody, you're doing it in a highly commercial media. However, you still may be able to assert 'fair use.'

"The Final Countdown:" Iprobably shoulld clear it.

Meatloaf - That's a distinctive line, hence copyright issue may arise.

A radio can be heard: Probably not a problem

Luke Skywalker figure without the accessories: probably not a problem

Despite the above, you really should consider retaining an sttorney to review the film. To distribute, you will eventally require errors and omissions insurance and the carrier will require an attorney to have "cleared" the film..

What an interesting question! Unfortunately it is too complex to answer definitively in this forum. I can give you some pertinent nformation: As you may know factors that courts look at in determining whether the user has "fair use" (that is the right to use without license) include:

1. manner of use, e.g. commercial (for $$$) or instructive, like teaching

2. transformative, does the work add something new, with a further purpose, or different character, altering the first with a new expression, meaning or message (e.g. 2 Live Crew's commercial parody of the Roy Orbison song "Pretty Woman". New meaning was "life on the streets not so pretty").

3. Parody, subjecting the original idea to ridicule or at least a comment on it.

4. What was taken? Most of something, or the heart of something, or something incidental.

Can't tell you what a court would decide. As the plaintif's lawyer I would focus on the commercial use, lack of comment or critique implied on or against the original and the recognizability of what was taken and used. For defense I would argue not take whole song like 2 Live Crew did, but only a few notes, minimal recognizabiity if any, and then tranformed into something different entirely with different meaning and expression. Unfortunately, on the practical level, however, it is all about money. I would expect a claim for money and your need for money to defend and or settle.And you don't have the defense that the film is not for money because it is. (Sorry).