I'm a big fan of John August. He, if you're not familiar with him, is an established screenwriter -- author of Big Fish, among others.

Anyway, on his site: http://johnaugust.com -- He has a Q & A section where he provides advice to aspiring screenwriters.

One of the answered questions concerns using unlicensed songs in shorts. His response, which can be found at: http://johnaugust.com/archives/2004/using-a-song-in-a-short-without-permission ... is, basically, to go ahead use it.

The reality is, most shorts do not enjoy a wide release and, thus, wouldn't gain the attention of those who hold the rights to the song or songs that might be included in the short.

Beware though, as John says, "Some festivals require that you show legal clearance for all music you use. Some don't."

Thats said, do your homework. If the festival requires that you present evidence that you hold rights to a particular song or songs -- a "festival license," can often be had at a "cut-rate" price. I wonder, though, what the "cut-rate" price is? Is it hundreds? Thousands?  Even a small amount of money can break a low or no-budget film.  

Whatever the case, I find it encouraging that there is some leeway in terms of using songs that one hasn't the rights to -- or, better yet, that one can get the rights to songs at reduced cost.

Anyway, for those who aspire to film their work, this is something to think about.

Seth

PS -- Personally, I think, in terms of using songs, it's best to utilize local musicians, bands, etc. This eliminates the need to get "rights," at least from big publishing companies. The bands, of course, appreciate the exposure. This is win/win for both the film maker and the musician.

Or, if you can, you can be ultra-low-budget, and not only write your own music, but score it, and perform it on a sequencer, so that you own 100% of the music and don't have to worry about you suing yourself. Of course, that is a rare breed indeed.

It helps that my first completed work was an 8 minute piece for concert band, and my first three scripts were musicals in which I wrote all or part of a total of 5 hours of music. Call me a jack of all trades.

Quoted from Seth I'm a big fan of John August. He, if you're not familiar with him, is an established screenwriter -- author of Big Fish, among others.

Seth, John August is not the author of Big Fish, he's the screenwriter who adapted the novel. The novel was written by Daniel Wallace. Big Fish is not a conventional novel with a linear story narrative but a collection of stories which reflect a collection of tall tales related by the son about his father. John August freely adapted the novel which means he didn't follow the the book completely but he creatively invented a lot of the story but kept faith with the ideas in the book.

I other words, John August created a quest for the hero character from the tales to provide the screenplay with a journey motif within a 3 act structure, facilitated by flashbacks and voice over narration. He also invented an ending based upon one of the tall tales but then showed all the fictional characters coming together at the end to the father's funeral as a means of saying to an audience, "maybe all his tales were true then."

Good movie, great screenplay.

I wouldn't advocate using lyrics and or music from a previously published song or songs by bands or artists for a script or short film without acquiring copyright clearance. Usually this means paying for the rights.

Believe me, it's a lot more difficult to obtain clearance after the event. if you leave it until afterwards once the film has been made and you don't get clearance then this will limit the film's ability to find an audience at film festivals and wider distribution if the project is any good.

Like George said, either write and record the music yourself, or find a local band or artist who wouldn't mind getting involved in your short film project; their music would be recorded and provided free as this would act as promotion for them also as much for the film itself.

Quoted from Kevan Seth, John August is not the author of Big Fish, he's the screenwriter who adapted the novel.

Yes, I shouldn't have described him as the author of Big Fish, but rather, the author of Big Fish the screenplay. My Mistake.

Quoted from Kevan The novel was written by Daniel Wallace. Big Fish is not a conventional novel with a linear story narrative but a collection of stories which reflect a collection of tall tales related by the son about his father. John August freely adapted the novel which means he didn't follow the the book completely but he creatively invented a lot of the story but kept faith with the ideas in the book. I other words, John August created a quest for the hero character from the tales to provide the screenplay with a journey motif within a 3 act structure, facilitated by flashbacks and voice over narration. He also invented an ending based upon one of the tall tales but then showed all the fictional characters coming together at the end to the father's funeral as a means of saying to an audience, "maybe all his tales were true then." Good movie, great screenplay. I wouldn't advocate using lyrics and or music from a previously published song or songs by bands or artists for a script or short film without acquiring copyright clearance. Usually this means paying for the rights. Believe me, it's a lot more difficult to obtain clearance after the event. if you leave it until afterwards once the film has been made and you don't get clearance then this will limit the film's ability to find an audience at film festivals and wider distribution if the project is any good. Like George said, either write and record the music yourself, or find a local band or artist who wouldn't mind getting involved in your short film project; their music would be recorded and provided free as this would act as promotion for them also as much for the film itself.

If you look at my previous comments, you'll see that I, too, advocate using local bands -- describing it as a win/win situation for both the film maker and the musicians

Quoted from Seth If you look at my previous comments, you'll see that I, too, advocate using local bands -- describing it as a win/win situation for both the film maker and the musicians

Seth, I was agreeing with you. But providing argments for the reasons why it is best to either write and record your own music or use a loocal artist or band.

We have some TV shows and movies that haven't been shown or screened in decades because clearance hasn't been resolved or original agreements run out hence depriving release of the films. This apparently affected OH WHAT A LOVELY WAR directed by Richard Attenborough and its release onto DVD. This has been resolved but the process of clearance took a couple of years.

This is why I mentioned it. Its a toughy even for established film makers.

Quoted from Kevan Seth, I was agreeing with you. But providing argments for the reasons why it is best to either write and record your own music or use a loocal artist or band. We have some TV shows and movies that haven't been shown or screened in decades because clearance hasn't been resolved or original agreements run out hence depriving release of the films. This apparently affected OH WHAT A LOVELY WAR directed by Richard Attenborough and its release onto DVD. This has been resolved but the process of clearance took a couple of years. This is why I mentioned it. Its a toughy even for established film makers.

Thanks for the clarification -- I was a bit confused.

Seth