# What do I need from a client to prove to me he has the right to use an artist's music?



## RiffWraith (Dec 23, 2010)

I have a potential client who is asking me to "make orchestral arrangements of two songs" by a certain band. The band is not big, in fact, I cant seem to find them anywhere - tho, to be honest, the fact that the name is so common in almost everyday English language usage makes it very difficult - even with a google search using the name of the band in quotes, and +band or +musical group. 

Anyhoo, I would want the client to send me proof that the band did in fact give them permission - preferably a hard copy of something, so nobody has the ability to come after me. What should I ask for?

Thanks for any insight.


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## midphase (Dec 23, 2010)

A sync or master license? Honestly, I think your client is whom they would come after and not you....just make sure that your contract specifically states that you're being asked to "arrange" an existing work and that your contribution is not original, and that you can only grant the rights to use the recording of your arrangement but not the right to the original musical creation.

I think as long as your contract is clear enough, you should be fine.


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## tripit (Dec 23, 2010)

Your client would need a standard sync license if it's to be put to picture. He wouldn't need a master because they wouldn't be using the master - you are arranging what would become a master, which would be owned by whomever paid for it (the client most likely, unless you negotiate a deal where you retain the master rights) 

Also, if it's not for sync (not to picture) then no sync license is needed, any royalties would go to the copyright owner and publishing automatically.


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## RiffWraith (Dec 23, 2010)

Thanks for the replies and the info.

This is in fact to picture, but I am not really worried about what the client needs to protect himself. If he did not get permission, nor a sync license, and the copyright owner comes after him, that is not my concern. I am just worried about someone coming after me. I assume that if I have him specify in the contract that this is a WFH (can't really be anything else, I dont think, as I am not actually composing anything), and that I am to take musical works that he has permission to use, I should be ok.

Cheers.


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## Kejero (Dec 24, 2010)

Yeah, if this is WFH, you shouldn't have anything to worry about: the producers will own everything, including the rights to your master, and the rights to get sued


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## midphase (Dec 24, 2010)

Kejero @ Fri Dec 24 said:


> Yeah, if this is WFH, you shouldn't have anything to worry about: the producers will own everything, including the rights to your master, and the rights to get sued




That is actually quite incorrect. Just because something is WFH, doesn't mean that you can't be sued should you be accused of plagiarizing someone else's work.

Most contracts (all of the ones I have ever signed) contain this provision:

'Composer warrants that any composition produced by the Composer will be original and will not contain anything that violates any copyright or personal, proprietary, or other right. '

That one paragraph would make the composer liable for damages in the event of a lawsuit even if the work was made for hire.


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## Mike Greene (Dec 30, 2010)

If you're getting paid for this gig, then even if you were acting in good faith that the producer got clearance to use the songs, you could still be named in a lawsuit. You know how lawsuits go - they name EVERYBODY they can think of, hoping there are some deep enough pockets somewhere along the line to make it worthwhile.

Chances are that you would be later cleared, of course, but for safety's sake, if you have any doubts about the producer, then I'd get as much backup evidence as I could to show that you believed he had obtained permission to use the songs. That's what will clear you - proof that you were acting in good faith.

Get a signed note from him stating he has permission for the songs. I don't think it's necessary to go so far as to get proof from the publisher(s) of the songs, since that's not normally your responsibility, but if you're really nervous about it, it wouldn't hurt.


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## Dave Connor (Dec 30, 2010)

You need an iron clad agreement with the producer that HE is responsible to clear anything he asks you to arrange. Otherwise you would have to investigate everything he's doing and handing you. Problem is that most contracts from producers to composer/arrangers for soundalikes and knockoffs put all the responsibility on the composer.

So make sure you have a contract that the producer is responsible for ALL clearances of ANY copy-written material he asks you to work on. Otherwise you are going to be doing a music supervisors job and you don't want to do that I'm sure.


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## David Story (Dec 30, 2010)

Please forgive if this is redundant...
You could ask for a signed release with the band's PRO info. You need it for the cue sheet anyway.


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## RiffWraith (Dec 30, 2010)

Hey - thanks for the replies.

Moot point anyway. Apparently, $3,000 to add an orchestral arrangement to these two tunes, and compose three 2-minute original cues for his for-commercial-release video is WAY out of this guy's financial reach. Bye-bye.

Cheers.


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