use of music for games

[gschumsky]

This is to anyone whose work belongs to a label, or anyone who had used pre-recorded music from a commercial band that is carried by a label. Now, in the past for some film work, I have used commercial music and had to go through the artists, their label, ascap, and bmi to get written permission to use the music for our production, along with paying a one time fee (or in some cases no fee as long as we listed everything in the credits).

 

So, here's my question. We are doing a videogame. A popular band asked us if they could do music for the game. In this case it would be all new original music that has not been featured on any work they have done for any label. So, the legal part is, do we still need to get permission from their current label to use original music (basically work for hire) from them for the game? They aren't owned by the label, but each of their previous CD's and the music on them is basically owned by the label. And, we really want to put one of their music videos on the game CD as a bonus. So, do we need permission from the band and the label, or just the label, or just the band.

 

Any help from the rest of you who have had to delve into this would be greatly appreciated.

 

Greg

[Dhar]

I'm only using common sense here, no prior experience or anything.

 

Rule of thumb: CYA!

 

Get everything done in writing, have them sign a contract with you. Make sure they stipulate that their work is original and that it is being recorded and distributed for you and by you. If I were you I'd hire a lawyer who is in the entertainment business to draw up such contracts. The last thing I'd want is a law suit that sends me to the poor house!

 

Good luck.