The Changing World of Music Clearance: by Brian Tunney
For more than a few years, I worked for Props helping them to clear music for use in their videos. When I first started out, Props’ Marco Massei gave me a stack of contracts and let me loose in the world of independent music. That was 1998 though, when people still went to record stores, purchased CDs and by and large supported the independent music scene more so than today. And it worked pretty easy. I would find some songs I liked, e-mail or call to ask permission from the label, get a contract signed and that was that. People would hear the music in the video, hopefully like what they hear and in turn purchase the music. Props had permission, the band and label got free exposure; it was a win/win situation for everybody.
Nowadays, times have drastically changed. It’s next to impossible for record labels (both major and independent) to sell records due to illegal downloading, file sharing and the rise of digital music. So record labels have had to make cutbacks. Either they’ve dramatically scaled back on their release schedule, or they’ve come to look for other ways in which they can make money on releasing a record. For most, that avenue has come in the form of music licensing. Couple this occurrence alongside the fact that more BMX videos are being made now than ever, and we’ve got a rising problem on our hands. Most video makers simply use music without permission and hope for the best. And this does work most of the time, but if you really wanna be safe, it’s best to either get permission from either the band or the record label of the song you’re hoping to use in your video, or work around the permission aspect in rather unique ways.
But all is not lost. In fact, it’s a good time to be making a BMX video with legally cleared music within. A really good time, thanks in part to the Internet. Yeah, it’s managed to crumble the recording industry, but through sites such as MySpace music, the Internet has also allowed for millions of musicians throughout the world to get their music out there for free. Say you’re making a video and have no clue about music clearance. Log onto MySpace, search for bands in your area on the music pages and check out some local music. Chances are, these bands are seeking exposure, and inclusion in a BMX video can only help. But remember to keep it small. Bigger bands with wider audiences aren’t necessarily seeking video exposure, so look for bands that don’t have a record label and don’t have over 3-5,000 friends. (If you’re a MySpace user, and who isn’t, those facts are easy to find.) Send the band a message through MySpace, explain your honest intentions, put every fact on the table, tell them that their bands’ inclusion in the video will help expose their music to a new audience and see what happens. More often than not, this simple approach works. But I must emphasize again that it only works with smaller, more unknown bands that are just getting off the ground. Don’t think you can legally get a Metallica song in your video for free, cause it won’t happen.
Another way in which the Internet can offer a treasure trove of free music is in the world of blogging. I’ll make an honest confession here. I was a hardcore kid, and I liked a million bands from a million different record labels that don’t exist anymore. The bands broke up, the record labels went out of business and the music became unavailable. Until the world of the blogger caught up and decided to blog about these records that no one could find anymore. Through sites such as Mediafire, Rapidshare, SendSpace and more that I’m probably forgetting, it’s possible to reconnect with and download music that’s long been out of print. Now this isn’t technically legal or permissible in video clearance, but if you’re using an Outburst song from the New York hardcore label Blackout! Records in your video, chances are you’re going to be safe and sound. (Outburst broke up in ‘96 and Blackout! hasn’t released a new record in three years.) I’ll give another example. The band’s name was Rotator Cuff. They were from Highland Park, NJ and they broke up in sometime in the mid ‘90s. They released one EP on Park N Ride Records from San Francisco, then disappeared. So the band is long gone, and the label is nowhere to be found on the Internet, but through a fan blog named Willfully Obscure, the EP is available for download. Again, it’s not technically legal, but I highly doubt that the band or the label will care much if one song from 1995 is used in a 2008 BMX Web vid that gets 8,000 views on Vimeo. Who knows, they might even be psyched that people are into their music? The key here is obscurity. And here’s some blogs to start off, which feature links to tons of other blogs with more obscure, out of print music:
Zen and the Art of Face Punching: http://zen-face-punch.blogspot.com/
Willfully Obscure: http://wilfullyobscure.blogspot.com/
I Could Die Tomorrow: http://icoulddietomorrow.blogspot.com/
Used Bin Forever: http://usedbinforever.blogspot.com/
Check em out, download some music, explore the links and familiarize yourself with the world of forgotten bands and forgotten record labels. Again, it’s not technically legal to use without permission. But it’s definitely a lot safer than using a well known song from a well known band that could send you a cease and desist order.
Now I know that I haven’t even touched on huge pockets of music, such as hip hop, electronic, etc, etc. But take a rainy day and put some time aside exploring new or old, obscure music on the Internet. There’s more than you could ever imagine, and when your video is finally posted on TheComeUp, you can rest assured knowing that 50Cent isn’t going to be banging down your door because you never got permission to use one of his songs…
Edit: Dean Dickinson sent through this link to Killed By Death records, basically an MP3 dump for old, out-of-print punk singles. Really awesome stuff in there: http://www.kbdrecords.com/
And another edit: This one comes from Dig‘s resident ombudsman, Tim March: http://www.killyourpetpuppy.co.uk
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