[Harp-L] Calling All Harmonica Vendors

["Steve Merola" <stevemerola@xxxxxxxxx>]

Ken Diefik wrote:
<To the film makers: I sincerely wish you the best of luck with your
<movie.  But try and be a little more humble when you are asking for free
work.
<
<Ken
<
<At 11:57 AM 12/8/2008, you wrote:
<>Ken:
<>
<>I am sorry to hear that our project makes your blood run cold.  We have
<>been working very hard to make this project a reality.  Do we wish we
<>could pay players? Sure.  But with little or no sponsors, no production or
<>film company supporting us, and no major source of revenue to support this
<>film, it is difficult, however, this has not stopped us from working
<>diligently to make an incredible film.  As you may or may not know, we
<>have spent a significant amount of our own money and have sought investors
<>which are basically friends and family so that we could try to make a
<>great film about a very important subject.  We are not Hollywood.  No
<>matter how much money, time, or energy that we put into this project, we
<>still occasionally receive negative comments from people like you.  This
<>is what makes my blood boil.  You have not seen the project and from your
<>comments you probably never will, but it is special and the players and
<performers that have seen it appreciate our hard work.  Hopefully the
<>players that have gratefully participated in the film will receive a
<>benefit in record sales, tour revenues, etc.  It is certainly our sincere
<>hope that they do.

I'm with Ken.

The film makers don't have money up front to pay the musicians?  Fine.  Then
put something in the contract that says the musicians get paid when the film
makes money.

That's a far cry from saying the filmmakers get all the rights forever to
every song submitted.
Regards, Richard Hunter


Hello Harp-l
 I side with Ken and Richard.
It sounds shady to take anyone's rights in perpituity for no future payment.
The standard way this kind of situation is handled is by agreeing to
pay when a certain level of profitability is attained. That would show that
the music suppliers trust the filmakers and their accountants, as well as
the good intentions of the filmakers towards the music suppliers.
This obviously doesn't seem to be the case here. I'm sure that they're fine
people, but they don't appear so in this instance. To their credit, they
made it very very clear that they didn't think any music submitted was worth
any future money they may make from the film.  Also, any music submitted was
submitted under very clear circumstances. This is not a ripoff, just a bad
deal.
As far as credit goes.....If the film had opening and closing credits with
the songwriter and performers names onscreen, while the song was
playing, for more than 20 seconds, as well as a featured postion in both
print ads and online...maybe then it's  good exposure. Maybe.
Thanks
Steve Merola