I recently participated in my 11th year of scoring a film for the 168 film festival in Atlanta last weekend. I scored a film called "The Offer'. I was also asked to score a second film called, "Counted" but the film was still being worked on the night before the deadline and never locked and so I ended up not scoring it. Instead, the filmmaker/producer wrote a song, sung it in a studio and had it formally produced. Then in addition to using the song intact, the editor used parts of the song scattered throughout the film.
There were 45 film entries. My score was not nominated. Not only was the music for "Counted" nominated, but "Counted" won multiple awards (not score) including best film at the festival.
That was story 1. Now last year (same festival), I scored a film called "Flatline". The film was fully scored the night before with the film totally locked. Then sometime late the night before the deadline they unlocked the film and redid multiple scenes. My stated policy going into the gig was that I would not release the music as a single WAV file until the final score was approved and used as is (and not broken into parts). As a result I apparently angered the director who decided to release/submit the film without any music in it.
The agreements/contracts for the films for the 168 festival are not 'work for hire' and do not grant the filmmakers the rights to do whatever they want with the music. These are shorts that are scored for free and are not features. My views then and still is that if it is not a work for hire and I am scoring for free, I retain ownership of the music and once the filmmaker approves the music, I can ask the editor to place the music (which is a single wav file) on a separate track starting at 0m0s. If it is a work for hire and I am being paid, then they are welcome to include any clause they want in the contract including their right if they so choose, to use parts of the score anywhere they want in the film.
I can see both sides of this issue. But I currently feel that if I am asked to score to their spec (typically a cuesheet with cues some of which have temp tracks) and am approved doing so, then the filmmaker has a level of trust in my professionalism and artistry that I know how to create the proper cues in the correct places in the film.
Both approaches in my opinion are legitimate. Of the 40 some odd films I have scored (35 of which released), only 2 were not because either (1) I would not let the music be used in parts or (2) I would not release a WAV file of the score until the film was locked and the full score was reviewed and approved.
2 people like this
Does the Director write the work for Hire most of the time, Joel ?
I read the first one is Atlanta. Are you close to this area ? I heard Atlanta has a good film industry.
I’m in Ohio and there’s a few things going on.
In Dublin / Columbus area there’s a new Studio for film/ Hollywood style production supposedly going up and being built.
Thanks for the story / info. to help us in our Composing careers. KK