Legal Question in Entertainment Law in California

music rights for documentaries

I'm editing a documentary about rodeos and a year ago filmed an event at the MGM Grand hotel in Las Vegas. Outside, unneath a billboard, a tina turner impersonator sang ''Proud Mary.'' I'd like to use 10 seconds of her and her group singing in my film. Since she was in a public place and it wasn't a private concert, do I have to contact the group for permission? The MGM Grand says they have nothing to do with it.

Also, if a song is playing on a radio (i.e. natural sound), how much and how loud may I use this song with infringing on the artist's rights?


Asked on 6/28/02, 4:40 pm

2 Answers from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: music rights for documentaries

Performers do not control copyright to the songs they sing, the composers and lyricists do. It doesn't matter whether the song is background or featured, you need permission of the composers and authors to use their material. 10 seconds of a song as popular and valuable as 'Proud Mary' will cost you in the mid-to-high 5 figures or more. A radio station pays a license fee for the right to play each song each time it is played; don't be misled into thinking that it is okay for you to piggyback on what they've paid for.

As to the question of whether you can use the group's images and voice, you need their permission to film them. They may not mind, but then again, they might. Your best bet is to ask permission before filming or have them sign a written release at the time you filmed them. Some street performers object strongly to even being photographed by tourists; others are flattered.

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Answered on 6/28/02, 8:42 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: music rights for documentaries

If it is a news item, no problem. It it a profit deal you need to register with BMI and ASCAP.

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Answered on 6/28/02, 5:10 pm


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