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DVD Production/Sales

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Shawn OuwingaDVD Production/Sales
by on Jul 28, 2010 at 2:56:07 pm

Hello everyone,

I shot a music festival a few weekends ago, and now we're working out the details of putting a DVD together. The DVD is set up as a fundraiser for the Blues Society that put the show on... The artists tend to agree with doing something like this over a for-profit production company trying to make a buck off of their music, so that's how we set it up.

My question is this... As director, producer, and editor of the entire DVD, is it fair for me to ask for a small cut of sales (like 3 or 4%) AFTER I'M PAID IN FULL for all my work? I know that normally it would be, but this is set up as a fundraiser for a non-profit. I don't want to overstep my boundaries, but I also would like a piece of the final product that I put so much work into.

Black Friar Productions
Denver, Colorado


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walter biscardiRe: DVD Production/Sales
by on Jul 28, 2010 at 3:01:01 pm

That's something to discuss BEFORE you shoot the project. If it is not in your original contract with the festival or if you don't have a contract at all and just have a verbal agreement that did NOT include a percentage of sales, it looks pretty poor on you to now ask for a cut of the sales.

I have done quite a few projects where I take a cut of the DVD sales in exchange for a reduced rate on the job. But that is worked out before any production is started.

Walter Biscardi, Jr.
Editor, Colorist, Director, Writer, Consultant, Author, Chef.
HD Post and Production
Biscardi Creative Media

"Foul Water, Fiery Serpent" featuring Sigourney Weaver coming soon.

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Mark SuszkoRe: DVD Production/Sales
by on Jul 28, 2010 at 3:04:45 pm

He's right. Consider this like a PR exercise to get people to know you and your work.

Also, I hate to always harp on these things, but I hope the DVD is all original songs and not covers, unless you have all the rights issues worked out. Or this could turn out to be VERY "non-profit".


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Shawn OuwingaRe: DVD Production/Sales
by on Jul 28, 2010 at 3:37:19 pm

Thanks guys for the quick responses. This came together kind of at the last minute, I offered to shoot the festival on spec so there was no confusion as to whether or not I was going to take a cut of sales. Right now we're just working out the details so everyone is happy. Based on Walter's response, I did send an email saying that if we ever reach the point at which I'm fully paid (which might never happen), I will gladly step out and they can take all sales.

Re: covers... So if a band did a cover, say Etta James, there's a copyright issue there?

Black Friar Productions
Denver, Colorado


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walter biscardiRe: DVD Production/Sales
by on Jul 28, 2010 at 3:49:13 pm

[Shawn Ouwinga] "
Re: covers... So if a band did a cover, say Etta James, there's a copyright issue there?"


Yes. Big copyright issue there and if this product is being sold, even as a fundraiser, you will owe royalties to the artist, the artist's representatives, the owner of the song, the writer, the label and whomever else is attached to that song.

In a pilot we just shot, our host starting singing a little bit of "Thriller" from Michael Jackson. We had to cut that out because there was no way we were going to pay for the rights to sing even 10 seconds of that song.

Walter Biscardi, Jr.
Editor, Colorist, Director, Writer, Consultant, Author, Chef.
HD Post and Production
Biscardi Creative Media

"Foul Water, Fiery Serpent" featuring Sigourney Weaver coming soon.

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Shawn OuwingaRe: DVD Production/Sales
by on Jul 28, 2010 at 3:52:50 pm

Good to know. I think we have plenty of material that's original we should be ok. Thanks again

Black Friar Productions
Denver, Colorado


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Scott CarnegieRe: DVD Production/Sales
by on Jul 28, 2010 at 3:58:16 pm

Even for original material, if it has been released then you need clearance from the publishing company or whoever owns the copyright to that material, it's not always the performers.

I stay away from this kind of stuff becasue of the copyright headaches, unless a client wants to pay big $ for licensing, which they usually don't.

http://www.MediaCircus.TV
Media Production Services
Winnipeg, Manitoba, Canada


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walter biscardiRe: DVD Production/Sales
by on Jul 28, 2010 at 4:31:07 pm

[Scott Carnegie] "Even for original material, if it has been released then you need clearance from the publishing company or whoever owns the copyright to that material, it's not always the performers."

Right you are. As with you, we avoid copyrighted music altogether whenever possible. If we have to go with copyright music, then we seek out a specialist who deals with the music labels, tracking down the rights, etc....

Walter Biscardi, Jr.
Editor, Colorist, Director, Writer, Consultant, Author, Chef.
HD Post and Production
Biscardi Creative Media

"Foul Water, Fiery Serpent" featuring Sigourney Weaver coming soon.

Blog Twitter Facebook


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Scott CarnegieRe: DVD Production/Sales
by on Jul 28, 2010 at 4:34:08 pm

What I would reccomend is find a local company that hanldes music clearances and let them do all of the work, include it in the costs for the project. If they are indi artists that own their own publishing then it might not be too tough.

I have a company I use that handles music clearances and negotiating. They are located in Winnipeg but could still help you out there.

http://www.farpointfilms.com/

http://www.MediaCircus.TV
Media Production Services
Winnipeg, Manitoba, Canada


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Bill DavisRe: DVD Production/Sales
by on Jul 30, 2010 at 10:54:29 pm

And one thing that nobody's mentioning is that even if the BAND has rights to the original material - whoever IN the band that wrote the lyrics or composed the melody's have rights to that work. To be on safe footing you need a SIGNED RELEASE from each creator - music - and lyrics - giving the appropriate rights to incorporate their work into the whole.

Like Lennon and McCartney owning the songwriters rights to their music even tho BEATLES recordings are separately covered by sync rights, or preformance rights, or whatever.

Copyright clearance is a messy business. Always has been - always will be. Good luck.



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