Mark Furney at 2016-06-29 19:20:45:
Scott (or any other visitors who have insight here) - I once read something by one of those online gurus that a spec writer should not use lyrics or suggest copyrighted music unless the writer has obtained the rights for same because it screams big increase in cost to a potential producer. My thought is, well hell, if it does get produced, and the budget is there to pay for the rights to use the material, write it in. If the budget isn’t there for the “rights”, we can write around it later. But what do I know? I’m working on a script where music (and its performance and creation) is central to the storyline. Some historical and copyrighted music would be fantastic to be included (if the script is any good). If the budget isn’t there, I’m already working on alternative drafts that don’t include the IP. What’s your take on what a spec writer should do here? And - I know you don’t give legal advice - but are there any legal tangles to distributing a script or, for instance, posting it on the Blacklist site, which includes “music” that would in fact go beyond “fair use” or “fair comment.” (And if you want to pass on this question, I will completely understand). -- Thanks --
Scott at 2016-06-29 21:48:34:
Mark, fair question. Technically you should NOT include any specific song title in a script because, as you point out, there are music license fees to pay. Moreover conventional wisdom is script readers 'flag' specs which feature specific song titles as a sign the writer is an amateur. However... ...I don't believe there any such rules, so when someone says you CAN'T include a song, they're wrong. Here is a case where you shouldn't include a song: Biff dances around the kitchen to the strains of James Brown, "I Feel Good". If the song is just for ambience is NOT TIED INTO THE STORY THEMATICALLY AND IN AN IMPORTANT WAY, I would recommend NOT including. If, however, you have a pair of characters about to drive their car off a cliff to their doom, why the hell not include "Better Not Look Down"? It's climax of the movie. The song lyrics fit the moment to a T. So as always, don't let supposed 'rules' get in the way of your story or your creativity. But be smart. Only include a song if it fits the above criteria, that's my advice.
Mark Furney at 2016-06-29 22:22:34:
Thanks Scott. My thoughts were along this line. Very helpful.