I want to produce a local television show to promote new music artists, with original music and videos
Tampa, FL |
what kind of releases do I need , If it's a band do I need all the members, If it's a solo act with an artist collaborating do I need both to sign releases? If it's an original song with co writers do I need both releases as well?
You need a variety of releases, including location releases, and individual releases from everyone shown on camera and licenses for all music played. This is not a project to undertake without good legal guidance. Ivan Parron is a well-known entertainment and IP lawyer in Florida who I trust and who contributes on Avvo frequently. I have attached a link to his law firm below. Call him and get advice asap.
The answers given are informational only and do not constitute legal advice. Please feel free to contact me if you want to obtain legal advice from me.
Your situation is a little too involved. You'll need to meet with a lawyer fac to fact to go over the specific details of your production.
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Meet with a lawyer in private for detailed analysis of your situation. This is only a general forum.
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You need to talk to a Florida entertainment lawyer about this. One that frequently advises here is attorney Ivan Parfron in Miami
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.
This is a very complex undertaking---you need a wide variety of licenses and releases. You need licenses to use the compositions of the "original" music, synchronization licenses for the compositions and master recordings of the music, artist agreements with every person who appears on camera pursuant to which their performances are licensed to you (public performances are copyrighted works and must be licensed), and permissions to use the images of each person involved (including each co-writer and band member) in the show and for purposes of promoting the show. You will also need agreements with each person on your technical crew, such as camera-operators, hair and make-up stylists, lighting technicians etc----the contributions they make to the production may also be protected by copyright law and you need releases from them and/or "work for hire" agreements with them. These various licenses, releases, and work-for-hire agreements are complex, sometimes voluminous documents that absolutely must be prepared by legal counsel----this is not something you can successfully do on your own with "legal zoom" forms---you will make mistakes that will be financially disastrous. You need to retain intellectual property counsel to advise you on these matters and prepare the agreements that you need---and you will need to keep such counsel on retainer as long as you are producing this show----dozens of IP law and business law issues will arise every day on a project such as this, and you need to work with counsel as a integral member of your creative team. Indeed, your counsel should regularly attend production meetings with the artists, staff, technical crew, etc. Don't even think about producing this show without an adequate budget for legal counsel.
After echoing most of my colleagues, I'd also like to point out the that your promotion of original music on television is considered a "public performance" of a copyrightable (but possibly not copyrighted) work that in and of itself creates copyright (which I think everyone was already getting at). There are a lot of considerations in pulling off the production, but before you encourage musicians to perform on your show with their original works, you need to sit them down and make sure they have gone to lengths to protect their works and to assure you they really are performing their own compositions.
Some considerations for you:
1) You may not really know who owns the copyrights in the works (it may not be just a 'band' or 'solo' anymore, but rather a label or producer they failed to tell you about) so whoever is signing may or may not have the capacity to give permission;
2) The music may not really be original and/or it IS original but you're unsure because it's "close" to someone else (yes, sometimes you can be close!);
3) The artists may or may not be registered with ASCAP/BMI/SoundExchange (licensing), which may or may not change things depending on your circumstances - (that can of worms can get really convoluted depending on whether you are playing recordings or having live performances on the show and if the show goes out over the internet)
4) What about YOUR copyrights and registration???
Focus on the music and protecting the musicians, find a music law attorney with your passion, and make sure they understand how that side of the business really works so that if these artists do get somewhere with your show they aren't going out into the night without any guidance.
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