Music License

Art-of-Sound said
According to your logic, if someone uses a piece of your music in a 90 minutes film, he can’t copyright the film?

According to my logic, he can’t copyright soundtrack.

kysongbird78
In your case you need to contact favourite author through contact form and discuss the details and the cost of the custom music which you need personaly

@permian
It seems that you don’t fully understand what you got yourself into. You should know that by signing up to stock audio you give up certain legal rights. You authorize using your audio content as a component of any product intended for sale. You have no rights of approval in regards to the use of you audio and you waive the right of being credited as the author. Your audio can be synchronized, coupled or combined with other sounds, film, video, images, text and graphics, and edited, altered or modified. You agree that you have no right to additional fees, royalties, residuals or other compensation.

So, a work containing your music can be copyrighted. For example, at the wedding scene in last Harry Potter they used an Irish tune purchased from a stock audio site. Needless to say that WB own the full copyright for the movie. The tune didn’t appear in the OST though.

Alex_rich said
kysongbird78
In your case you need to contact favourite author through contact form and discuss the details and the cost of the custom music which you need personaly

He’s not obliged to do any of that.

It seems like you missed my point, friend. Of course I know what stocks are. It would be very weird, if they wouldn’t allow to use their content. I think they wouldn’t have any buyers at that rate! )
So in your case with movie, stock license means that WB can’t put copyright on this Irish tune, and its author can continue to sell it everywhere (if it wasn’t exclusive for the place where it was bought). Though I’m not familiar with such a story, and may be they had some special agreement.

WB never claimed to own the song. The seller remains the legal rights holder and continues selling the song. The end production, i.e. the movie belongs to Warner Bros. I think we all agree on that, right?

Now, it’s the same thing with kysongbird78. He has no intention to own the original song, the seller will remain the sole legal rights holder and continue selling the song. The end production though will belong to kysongbird78.

I should add that it depends on whether he manages to incorporate the purchase into his work and not vice versa, i.e. incorporating his work into the purchase.

Final production couldn’t belong to kysongbird78, he could be owner of lyrics and nothing else. It will be allowed to use the instrumental, during live gigs but it wouldn’t be allowed to record the song (with this instrumental) and resell it or to have other income from it. In this way kysongbird78 will be limited in rights… I think stock music site is not right place to find music for your songs, especially if you have further plans for the songs

You’re just saying what you believe to be right, but in reality this is not so. Kysongbird78 will not be limited in rights.

There’s a stock audio site that requires a talent release for every upload. Although on AJ we are not required to do it yet, the principle is the same on every site. Here’s what the talent release says:

I agree that I have no rights to the Audio Content and all rights to the Audio Content belong to the Member and Assigns. I acknowledge and agree that: (1) I have no right to additional fees, royalties, residuals or other compensation from Member or Assigns or any other party
(2)I will make no further claim for any reason against the Member or Assigns or any other party; and (3) I have no rights of approval in regards to the use of any Audio Content. I acknowledge and agree that this Talent Release is binding upon my heirs and assigns. I agree that this Talent Release is irrevocable, worldwide and perpetual, and will be governed by the laws of the Province of Alberta and the laws of Canada applicable therein bla bla bla….

In fact you can adapt any existing song and copyright the outcome, you just have to pay royalties. Since the audio here is Royalty Free it doesn’t cost a dime in addition to the initial price. So, stock music site is THE place to find music for your songs. As I told previously, I have backing tracks for sale designed especially for this purpose.

@Art-of-Sound

It’s true that the owner of the derivative work owns the full copyright to their creation. However, although it’s not clear in the current license agreement, a majority of authors here think that derivative work means visual projects such as a video, website background, a game, an app, etc.

You’re kind of an exception to that with your hip hop backing tracks. There are beat sites for that purpose and they have different license agreements. Audiojungle is not intended as a beat site selling backing tracks to songwriters. I’m sure envato staff will address this issue soon.

“In fact you can adapt any existing song and copyright the outcome, you just have to pay royalties.” I don’t agreee with this. You can’t adapt someone else’s work without having a written consent priorly.

We could argue forever, guys ) As I’ve told recently, we need some staff-guys here, so let’s wait till Monday, and may be some of them will clear this issue up.