Re: [Harp-L] Harmonica Documentary Website Update

[Slim Heilpern <slim@xxxxxxxxxx>]

Yeah, I have a similar question, based on the terms and conditions 
posted on the site:

"You hereby grant to Omni-Harmonica a perpetual, irrevocable, royalty 
free, worldwide license to use, publicly display, distribute, 
sublicense, modify and otherwise fully exploit any Content that you 
submit to Omni-Harmonica."

Not mentioned is whether the writer may hold on to the publishing 
rights. I would hope so, but even with that, it is royalties that would 
make this attractive to the performers.

And then there's this:

"Omni-Harmonic reserves the right to make changes to any part of this 
Agreement at any time without notification to you. Therefore, you should 
review this Agreement as posted on the Site from time to time."

I think this means that anyone who submits a song will have to simply 
trust Omni-Harmonica to do the right thing should there be any kind of 
dispute (which, granted, is only likely to be an issue if the film is 
quite successful).  I understand that Omni-Harmonica is trying to avoid 
legal hassles, but this should be a two way street and, as usual, it 
seems it is the musicians who have little to gain and no protection 
whatsoever in this agreement.

- Slim.

www.SlideManSlim.com


Richard Hunter wrote:
> Todd,
>
> You're asking for a song for a film intended for commercial release. 
> There are a lot of questions that go with that kind of transaction. 
> For example:
>
> Are you planning to own the copyright for the song, or just to license 
> it from the composer?
> Are you planning to put out a soundtrack CD?
> Are you planning to offer the composer royalties for the use of the 
> song in DVDs, or for use of the film in theatres and television?
>
> Your intention is to make money from this film, I presume?  In that 
> case, it's reasonable to ask whether the composer of the theme song 
> will have some share of the revenues, either up front (which 
> apparently is not the case) or on the back end (when the film has 
> generated revenues).
>
> It would be a little contradictory, I think, to make a movie that 
> celebrates harmonica players, and then use a song featuring harmonica 
> to promote the film--without any payment to the composer.
>
> If the song becomes a hit, which is possible given its placement in a 
> feature film, these questions would become very important indeed.
>
> Thanks and regards, Richard Hunter
>
>
> todd slobin wrote:
> > That is it.  An opportunity for anybody, anywhere to have an original 
> > song in a movie...is that not enough?
> >
> >
> > > From: Richard Hunter <turtlehill@xxxxxxxxxxxxx>
> > > To: harp-l@xxxxxxxxxx,  harpdoc@xxxxxxxxxxx
> > > Subject: Re: [Harp-L] Harmonica Documentary Website Update
> > > Date: Tue, 17 Apr 2007 08:51:28 -0400
> > >
> > > "todd slobin" wrote:
> > >
> > > <Most importantly, we are promoting the song contest, Operation 
> > > <Creation, to
> > > <find an original song for the movie. The rules are simple---the 
> > > song >must
> > > >feature the harmonica and use the words “pocket full of soul.”   
> > > This >is an
> > > >opportunity be a part of the harmonica revolution---we’re bringing the
> > > >harmonica back!
> > >
> > > Todd,
> > >
> > > What's the deal you're offering the composer, other than the 
> > > opportunity to have the song appear in the movie?
> > >
> > > Thanks, Richard Hunter
> > > hunterharp.com
> > > latest mp3s at http://broadjam.com/rhunter
>
> _______________________________________________
> Harp-L is sponsored by SPAH, http://www.spah.org
> Harp-L@xxxxxxxxxx
> http://harp-l.org/mailman/listinfo/harp-l