Why on earth create a process where it becomes near impossible for a Joe Shmo filmmaker such as myself to gain the necessary permission to use signed bands’ songs within their film?
Let me explain.
I have been desperately seeking permission to use a song by American indie band Death Cab for Cutie. The song is “Christmas (Baby Please Come Home)”.
Being the naïve sort that I am, I neglected to realize that a cover is OWNED by the writers’ representation, not the band performing the cover. But being the stubborn sort that I am, I continued my investigation nonetheless.
In April I sent Death Cab an email, I sent their Manager an email, I sent their publisher an email.
No reply.
In May I sent Death Cab an email, I sent their Manager an email, I sent their publisher an email.
No reply.
In July I sent all those people plus their record label Atlantic an email.
No reply.
You guys looks so friendly and amiable.
Please return my emails! :-(
I sent more futile emails, and in August as luck may have it Death Cab themselves came by my ways via a tour. I, of course, being a loyal and dutiful fan had bought a ticket months ago.
And I had a plan. I wrote a lovely, glowering, and professional letter to the band and management, outlining the background of my film and my licence request.
I then contact the venue management and they agreed to pass it onto the band’s management on the night of the concert. On that night I also passed on a copy of the letter to a merchandize guy who claimed to know the band (this was after spending $140 on merch, of course).
But, alas, it is three weeks later and no response.
Am I still a loyal, dutiful fan? I may have to reassess my position.
BUT (drum roll…)
An email reply in August! From their record label Atlantic, no less!
I was referred to ANOTHER company called Rhino Records (why them I have no idea), where the lovely Diane went about lifting my hopes to the Heavens, researching how I could obtain a festival licence (which was, luckily, ridiculously cheaper than a general music licence).
In was on air, contemplating the peaceful prospect of a life with a Death Cab for Cutie festival clearance licence.
It would not last.
My fifth email with Diane resulted in her telling me that I also needed permission from the PUBLISHER of the song (those who represent the original writers) and the ARTISTS themselves (who I still had not heard from despite my lovely letter to them) plus whoever owns the MASTER (the actual rights to the recorded version of the song)
Also, as it turned out in the seventh email the song was even owned and had nothing to do with Atlantic so my conversations with Diane were over.
I then researched as to who the heck was responsible for the original writers of the song, and my search resulted in FOUR COMPANIES!!! And two of those companies seem to be represented by OTHER COMPANIES.
I am confused.
I am trying to reject the distinct possibility that if any of those companies actually bother to reply to my emails, they all may start asking me for money way beyond my budget (I didn’t even actually have a budget), plus I’d then have to pay whoever owns the MASTER and DEATH CAB themselves perhaps.
Do you know who else would like to be floating on a cloud?
ME! When I have the music license for the song...
Why cannot this be simpler? Why cannot there just be one company in charge of these matters?
Why why why why why why why why why why why why why why why why why??????????
Does anybody know why?