Can I Use Copyrighted Music in my Short Film?
As a filmmaker, the media projects you produce must follow many of the same guidelines required of a feature or motion picture. You’ve got to be diligent in the steps that you take to seek proper permission to use copyrighted material in your films. Even if you’re producing short films. You might be wondering, can I use copyrighted music in my short film?
In short, “not without permission”. You cannot use copyrighted music in your short film unless you’ve obtained a license to do so. Just as you would expect to obtain a license to use music in a feature film.
Permission to use for Music in a Short Film
Copyrighted music that you wish to include in your short film should be backed with proper permission from the original music copyright owner.
Keep in mind that music copyrights are a bit different than copyrights for written material. The musical piece that you intend to use in your short film will likely be protected by two different copyrights, at least.
Sync and Master Rights
This means you’re going to need to reach out to two different copyright owners. This is done in order to seek permission to use copyrighted song material in your short film.
You’ll have to get permission from the original songwriter who owns the rights to the music or lyrics of the song (sync rights). And you’ll have to get permission from the recording studio that distributes the song(master rights).
Find out who owns the copyrights to the music you wish to include in your short film by searching:
Licensing for a Short Film
Most of the time, the use of copyrighted music in a short film is going to require a sync license. However, the actual type of license that you require will be determined by the use of the song.
If you’re using the music in a short film or trailer the licensing is different than if you intend to use the music in a feature film.
Budgets
Obtaining a license to use copyrighted music in a short film is sometimes a challenging task, especially for short filmmakers that are on a limited budget.
Custom negotiations are a must, especially if you’re looking to use copyrighted music that is incredibly popular. And this will also mean you’ll need a pretty hefty budget in some cases.
The popularity of the song, and the prominence of it at the time you request a license to use it in your short film will play a key role in determining the fee that the copyright holder will charge you for the license rights.
In Summary
So, can I use copyrighted music in a short film? The answer is, only if you have obtained a license to use the music and this involves getting ahold of the original copyright holders, negotiating and making an agreement that works for you both.
It’s a process, but it’s certainly better than facing a lawsuit!
