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 Posted:   Mar 9, 2018 - 3:59 PM   
 By:   Bob DiMucci   (Member)

As the ASCAP states - they can license background music from films and TV programs. Because the music is not sufficiently part of telling the story as is the case in a musical. There might be fine line with films like Annie - but in the case of Bond there is not. Barry scores for Bond are legally "non-dramatic" in US law and free for all to perform and publish - if you pay the royalty fee.


Well, I'm no lawyer. But it seems that there is some disagreement on your assertion. Brian McPherson, described as one of the top attorneys in the music business, discusses in his 1999 book Get It In Writing: The Musician's Guide To the Music Business how "compulsory mechanical licenses" work. He says that "In certain situations, the Copyright Act compels copyright owners to issue mechanical licenses even if the copyright owner is adamantly against issuing such a license." What are the conditions for the compulsory granting of a mechanical license? McPherson lays them out:




Gregory Bernstein is an entertainment attorney that takes the same view. In his 2015 book Understanding the Business of Entertainment: The Legal and Business Essentials All Filmmakers Should Know (Focal Press), Bernstein states:



Of course, all this is applicable for the United States only. And there are also attorneys who agree with mortenbond's assertion.

 
 
 Posted:   Mar 9, 2018 - 5:22 PM   
 By:   Peter Greenhill   (Member)

From the Indiegogo page: QUOTE:

This concert is not endorsed, sanctioned or associated with EON, Danjaq, the James Bond Films. No use of any footage or images from the film will be used during the performance. Performing Rights fees will be paid on the live performance as applicable.

---------

Surely this can't be blocked?

 
 
 Posted:   Mar 10, 2018 - 12:08 AM   
 By:   mortenbond   (Member)

From the Indiegogo page: QUOTE:

This concert is not endorsed, sanctioned or associated with EON, Danjaq, the James Bond Films. No use of any footage or images from the film will be used during the performance. Performing Rights fees will be paid on the live performance as applicable.

---------

Surely this can't be blocked?


No, it cannot be blocked. Not even a recording of it in the UK.

 
 
 Posted:   Mar 10, 2018 - 7:40 AM   
 By:   martyn.crosthwaite   (Member)

They better ask Mrs. Barry...I smell a lawsuit.
maybe , but she is totally uninterested in promoting any of his music scores and that is a fact
and why is this the case only she can answer that.

 
 
 Posted:   Mar 10, 2018 - 1:45 PM   
 By:   Peter Greenhill   (Member)

Could Bond/Barry fans please try to spread the word about this project even if you're not going to attend yourselves?

Thanks

 
 
 Posted:   Mar 10, 2018 - 1:46 PM   
 By:   Marcato   (Member)

i rather do my own transcription of the score - and I'm good at it wink

 
 
 Posted:   Mar 10, 2018 - 5:02 PM   
 By:   Peter Greenhill   (Member)

Two days in and £1615 pledged.

We need to do better if this is to happen.

 
 
 Posted:   Mar 11, 2018 - 7:31 AM   
 By:   MikeF   (Member)

From the Indiegogo page: QUOTE:

This concert is not endorsed, sanctioned or associated with EON, Danjaq, the James Bond Films. No use of any footage or images from the film will be used during the performance. Performing Rights fees will be paid on the live performance as applicable.

---------

Surely this can't be blocked?


No, it cannot be blocked. Not even a recording of it in the UK.


So if they cannot be blocked from recording Moonraker then I wonder why the Tadlow attempt did not get off the ground.

 
 Posted:   Mar 11, 2018 - 8:04 AM   
 By:   Stephen Woolston   (Member)

From the Indiegogo page: QUOTE:

This concert is not endorsed, sanctioned or associated with EON, Danjaq, the James Bond Films. No use of any footage or images from the film will be used during the performance. Performing Rights fees will be paid on the live performance as applicable.

---------

Surely this can't be blocked?


No, it cannot be blocked. Not even a recording of it in the UK.


So if they cannot be blocked from recording Moonraker then I wonder why the Tadlow attempt did not get off the ground.


I don't think anyone apart from James knows the details, but it clearly was blocked by something.

 
 
 Posted:   Mar 12, 2018 - 5:44 PM   
 By:   Peter Greenhill   (Member)

There was an issue with the Indiegogo page over the weekend, preventing people from pledging. Please try again if you were one thwarted in your efforts to support this project.

Thanks

 
 
 Posted:   Mar 12, 2018 - 5:44 PM   
 By:   Peter Greenhill   (Member)

There was an issue with the Indiegogo page over the weekend, preventing people from pledging. Please try again if you were one thwarted in your efforts to support this project.

Thanks

 
 
 Posted:   Mar 13, 2018 - 12:51 PM   
 By:   films1   (Member)

People should really do their research before promoting something like this wspecially with something like the James Bond francise .

 
 Posted:   Apr 1, 2018 - 9:12 AM   
 By:   Guy   (Member)

If I was in England, I would totally be going. The cost of that darn plane ticket....

Good luck to all involved.

 
 
 Posted:   Apr 1, 2018 - 6:07 PM   
 By:   Q The Music   (Member)

Hi everyone,

Warren from Q The Music here.

Thanks for discussing this topic and for the support.

I've come here to answer any questions. So please ask away.

In respect of rights to perform it:wow, it's such a grey area.

I completely agree with the comment: what's the difference between performing the title song and a cue, and there are plenty of bigger fish than me doing this all the time. We pay appropriate PRS, so I don't see us having a problem. Where I suspect the recording came into issues before, is that they were publicising a "rerecording of the soundtrack", and I suspect (this is just my opinion and I have no inside knowledge) EON took exception and sent a cease & desist letter. I had one myself when we were previously called "the bond band" and they decided to put a stop to it. An 80 page letter from the most expensive law firm in the U.K, tends to make most people run for the hills...as who has the time or money to battle it out in court, despite knowing if you have a case or not.

Anyway, this is why I have made it clear we won't be selling the recording, nor showing the film, nor are we affiliated. We regularly perform other cues and no one bats an eyelid at it. Even Mr D Arnold knows about us, and I've had pleasant and supportive conversations with him (in person) about what we do, including his cues we do.

As for Q The Music concert recordings. I'll say this. Anyone who follows Q The Music regularly will know members of our friends scheme have access to free music from our shows, and I often dump recordings of our big shows in the shared folder afterwards...but I will again reiterate there is no intention to make the recording available for sale...

Anyway, clearly we are miles off getting this funded sadly. There's still time, but we need a huge swing. I hope you all realise there are ONLY two courses of action if you back the project? 1) it's funded, you get the tickets for your money and the concert goes ahead. 2) it doesn't hit the target, in which case you automatically get refunded in full.

The aim is to make this a success and go on and do a different Barry/Bond score each year.

To the chap who said he'd rather transcribe it himself: goodness me, be my guest! I'm actually trying to make it happen here though, not talk about it. The one thing I can assure you all, we would not cut a single corner to make this happen. I'm such a big fan of this music: it would have to be perfect. Down to every single aspect.

Maybe I've gone too early with this, maybe I need another 18 months to build momentum behind Q The Music before you'll believe in what we are about. Maybe it's the time of year, maybe it's the cost, maybe it's the location.

Whatever it is, if you can back it, please back it.

If you still need inspiration, go and check out some of our videos...and I don't mean the usual Band songs like Goldfinger and Live & Let Die..I mean the Goldfinger cue medley, the A View To A Kill medley, Flight Into Space, Capsule In Space, Bond 77, 007...we've done so many!...then imagine the same passion, love and talent put into a 100 piece Orchestra & choir!

www.QTheMusicShow.com/videos

Best to all,

Warren
Q The Music Show
Passionate about Bond & Bond Music

 
 
 Posted:   Apr 2, 2018 - 2:33 AM   
 By:   JamesFitz   (Member)

Hi everyone,

Warren from Q The Music here.

Thanks for discussing this topic and for the support.

I've come here to answer any questions. So please ask away.

In respect of rights to perform it:wow, it's such a grey area.

I completely agree with the comment: what's the difference between performing the title song and a cue, and there are plenty of bigger fish than me doing this all the time. We pay appropriate PRS, so I don't see us having a problem. Where I suspect the recording came into issues before, is that they were publicising a "rerecording of the soundtrack", and I suspect (this is just my opinion and I have no inside knowledge) EON took exception and sent a cease & desist letter. I had one myself when we were previously called "the bond band" and they decided to put a stop to it. An 80 page letter from the most expensive law firm in the U.K, tends to make most people run for the hills...as who has the time or money to battle it out in court, despite knowing if you have a case or not.

Anyway, this is why I have made it clear we won't be selling the recording, nor showing the film, nor are we affiliated. We regularly perform other cues and no one bats an eyelid at it. Even Mr D Arnold knows about us, and I've had pleasant and supportive conversations with him (in person) about what we do, including his cues we do.

As for Q The Music concert recordings. I'll say this. Anyone who follows Q The Music regularly will know members of our friends scheme have access to free music from our shows, and I often dump recordings of our big shows in the shared folder afterwards...but I will again reiterate there is no intention to make the recording available for sale...

Anyway, clearly we are miles off getting this funded sadly. There's still time, but we need a huge swing. I hope you all realise there are ONLY two courses of action if you back the project? 1) it's funded, you get the tickets for your money and the concert goes ahead. 2) it doesn't hit the target, in which case you automatically get refunded in full.

The aim is to make this a success and go on and do a different Barry/Bond score each year.

To the chap who said he'd rather transcribe it himself: goodness me, be my guest! I'm actually trying to make it happen here though, not talk about it. The one thing I can assure you all, we would not cut a single corner to make this happen. I'm such a big fan of this music: it would have to be perfect. Down to every single aspect.

Maybe I've gone too early with this, maybe I need another 18 months to build momentum behind Q The Music before you'll believe in what we are about. Maybe it's the time of year, maybe it's the cost, maybe it's the location.

Whatever it is, if you can back it, please back it.

If you still need inspiration, go and check out some of our videos...and I don't mean the usual Band songs like Goldfinger and Live & Let Die..I mean the Goldfinger cue medley, the A View To A Kill medley, Flight Into Space, Capsule In Space, Bond 77, 007...we've done so many!...then imagine the same passion, love and talent put into a 100 piece Orchestra & choir!

www.QTheMusicShow.com/videos

Best to all,

Warren
Q The Music Show
Passionate about Bond & Bond Music


As regards the proposed MOONRAKER CD new recording for Tadlow Music I tried to get off the ground with Nic Raine.

YES, there was a very strong and lengthy cease and desist letter from a very expensive American law firm !!!

Now, I know that this actually had no real legal basis as the important people in this are the publishers of the music...but as a tiny, one man company, do you think I would have the funds to take the might of a huge law firm plus EON etc...and argue about the legalities. NO. Just not worth the extra stress!

Shame......

 
 
 Posted:   Apr 2, 2018 - 6:58 AM   
 By:   Q The Music   (Member)


As regards the proposed MOONRAKER CD new recording for Tadlow Music I tried to get off the ground with Nic Raine.

YES, there was a very strong and lengthy cease and desist letter from a very expensive American law firm !!!

Now, I know that this actually had no real legal basis as the important people in this are the publishers of the music...but as a tiny, one man company, do you think I would have the funds to take the might of a huge law firm plus EON etc...and argue about the legalities. NO. Just not worth the extra stress!

Shame......



Hey James-

Yeah guessed as much. I was absolutely gutted for you. We (Q The Music) had pledged several hundred pounds towards the project ourselves, as it would have been a fabulous recording. I'm a big fan of yours/Nic Raine's work (I know Nic well through my Dad Paul Ringham).

I'm hoping since we did Sir Roger's memorial last year and they heard us, EON will leave us alone: a little optimistic perhaps...but so far they've let us crack on, and I know they watch what we do.

I really hope you can get it off the ground again in the future, doing that (recordings) frankly, is not what we are about, we are more about doing the live side, so you'd have my unwavering support (not that you need it!) if you decided to resurrect the project. I really hope you can....looks like we are not going to manage to hit the target we need this time sadly.

I think we are friends on FB, so keep in touch smile

Warren Ringham

 
 Posted:   Apr 2, 2018 - 10:45 AM   
 By:   Grecchus   (Member)

The reverberations of the Monty Norman scenario have greater local ructions than the Big Bang itself.

 
 
 Posted:   Apr 2, 2018 - 9:43 PM   
 By:   Graham   (Member)

Warren and Q The Music know their stuff and execute it masterfully.

Graham

 
 
 Posted:   Apr 7, 2018 - 1:22 AM   
 By:   Q The Music   (Member)

Warren and Q The Music know their stuff and execute it masterfully.

Graham


Thanks Graham

 
 Posted:   May 26, 2018 - 10:04 AM   
 By:   davefg   (Member)

This seemed to have died quietly.

 
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