Using the music of an unknown band

I have an idea for a script that was inspired by an album by a virtually unknown band. In a perfect world the script will eventually be produced and soundtrack scored by the band’s music. But let’s take things one step at a time.

Do I have any right writing a script inspired by the words and sounds created by someone else? Do I have any right borrowing titles? Do I have any right writing their music into the script? (I know that’s normally frowned upon anyway.) I think you get where I am coming from. I don’t want to write a script heavily involved with specific music unless I know my rights.

–Michael

You don’t have any right in a legal sense, but that shouldn’t necessarily be your first concern. If this is the script you really want to write, just write it. Just make sure that on the title page or a page thereafter, you give full credit for things that aren’t yours.

Obviously, if your script can’t be made without this band’s music, you won’t be able to sell it until they’re handled. But by your description, it doesn’t sound like the world is breaking down their door, so it’s always possible they’ll read your script and say hell yes.

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July 17, 2004 @ 12:59 pm |
Filed under: QandA, Rights and Copyright

5 Responses to “Using the music of an unknown band”

  1. Richard says:

    Change the bands name. Make your own similar songs. Then it can be all yours.

    We all know that Almost Famous was about a certain band of which I won’t name.

  2. Devan says:

    Yes, but in this case I think Michael is inspired by the songs in particular, not the band.

  3. David says:

    I say contact the band now and see what they say. If they are virtually unknown, they are probably still easily approachable. Get their permission upfront and then there is nothing to worry about down the road. I doubt they would say no since some guy writing a script about their songs will be little skin off their back, especially if they realize the odds against a movie actually being made. Also, once it is finished, it can add some heft to your query letters and pitches to say that you have the support of the band.

  4. Richard says:

    You whould think that because the writer is unknown that it whould be hard for him to do that. But it happens to most starting off writers. Even with John August. I read transcripts from an interview with Daniel Wallace in 1998, where he interviewed him about his book which he was about to adapt. John was unknown(virtualy) and yet he still got signed to adapt Big Fish even before it was released.

  5. Frankie3loader says:

    Hi Michael,

    What is ‘original’? There are 26 letters in the English language different people just have them in a different order. The same with music, twelve notes, seven octaves change the tempo and the order.

    Frankie

 

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