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Wednesday, 28 November 2012

Using music in our Production

For use in our production, we really wanted to use the song 'You don't know' by Helen Shapiro. The reason for this is that it was number one for three weeks running in August 1961 which means it serves as a very subtle, but clever intertextual reference as the beginning of our film is set at this time. To acquire the use of this music, we first had to contact the owners and correspond to reach an agreement.





The company that now owns the song is EMI Records whom we contacted to see if we could acquire rights for the song. We first rang the company's UK branch, assuming it would be difficult to get hold of them via email quickly and it would be easy to see how plausible the use of the song would be. We were directed to someone who said that email would be better and that he would like to correspond with us that way from then on. He preliminarily said that the chances were high that we would be able to use the song. 

Our correspondence with this member of EMI is below:
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Hello, I am the student who just rang regarding the use of Helen Shapiro's You Don't know for my AS Level Media Production. If you could reply with written permission that would be greatly appreciated.

Thanks a lot for your help,

Ross Freeman
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Hi Ross,

It appears this song is owned by Lorna Music Co Ltd for the publishing side. You may have been looking for EMI Records, who may own the recording. I would suggest you contact Jessica for this- 'REMOVED FOR PRIVACY'.

Best regards,

Andre
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Thank you very much for the reply; I will contact her from now on.

Thanks a lot for your time,

Ross
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We then proceeded to email the new EMI representative to request permission:
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Miss. Barlow,

I am writing to enquire about the use of a song owned by Lorna Music Co Ltd in my AS level Media Production and was informed by a member of your publishing team that I should contact you for permission. The song in question is You Don't Know by Helen Shapiro and I guarantee that it will be used entirely for non-profit and educational use and if necessary we can provide you with our online e-Portfolio's to prove it's use. 

Thank you very much for your time,

Ross
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Hi Ross,

Thank you for getting in contact to use Helen Shapiro “You Don’t Know” in your media production. So that I can process your request can you please answer the questions in red below?  

SCHOOL/UNIVERSITY: To which school or university is your project to be submitted for marking?
PROJECT: What is the name of your project?
RECORDING & ARTIST: “You Don’t Know” performed by Helen Shapiro
DURATION AND NATURE OF USE: How much of the recording do you require? (e.g. 30 secs, 1 min, full duration of the recording) Will the recording be used solely in the background accompanying visual images?
MEDIA: Is the use purely for marking purposes?
TERRITORY: Is it solely UK for which you need rights?
TERM: How long do you require the rights? 6 months, 1 year?
COMMENCEMENT DATE: When do you require the rights from? 
PROJECT SYNOPSIS (Please supply visuals if available):

Please do not hesitate to contact me if you have any further queries.

Kind regards,
Jessica
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Hi Jessica, thanks for your prompt reply. Below are the answers to your questions:

SCHOOL/UNIVERSITY: Brooke Weston, Coomb Road, Great Oakley, Corby, Northants, NN18 8LA
PROJECT: AS Level Media Production - Trailer for own film creation
RECORDING & ARTIST: “You Don’t Know” performed by Helen Shapiro
DURATION AND NATURE OF USE: One minute - Shall be featured in the background as an intertextual reference due to the film being set in August 1961 when it was a number 1 hit.
MEDIA: Purely for marking and educational, though it will be posted on You Tube so that it can be linked to our Portfolio's for moderation.
TERRITORY: It shall be posted on You Tube so I assume we will need rights for all that can view it, if that is possible?
TERM: Once it has been uploaded to You Tube we had not planned to remove it so if it's possible we'd like the rights as long as possible if not indefinitely?
COMMENCEMENT DATE: Though it will not be uploaded today, I'm not aware entirely when the finishing date of the project will be, so if possible commencement date would be from your acceptance today or when that is. 
PROJECT SYNOPSIS (Please supply visuals if available): The project is for our coursework and is to create a film trailer for a thriller. Our film is about a copycat of the A6 Murderer from 1961; to enforce this we show at the opening of the trailer snippets of the original murder with Helen Shapiro's song playing in the background as if from a car radio to set the time period. I'm afraid the film isn't shot yet though I have attached the storyboard that the music will be applied to. I'd like to add that we would be perfectly happy to link to EMI and/or a link to buy the song in the description and plan to give complete credit in the credits and description.

Thank you very much for your time, I hope you can grant us the use of the song.

Many thanks,

Ross
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Hi Ross,

Please accept this email as confirmation that EMI Records Limited ("EMI") has no objection to your request to use up to 1 minute of “You Don’t Know” by Helen Shapiro (the "Artist") as you have described solely in connection with your school coursework, PROVIDED that at all times:

(i) Your school coursework is not exploited commercially in any way and is not used in any sort of commercial context;
(ii) Your use of the sound recording referred to above in your school coursework is in no way derogatory towards EMI, its affiliates or the Artist;
(iii) Your school coursework is in no way derogatory towards EMI, its affiliates or the Artist;
(iv) You only use the sound recording referred to above in the manner that you have described for 1 year from the date of this email and solely within the UK; and
(v) The Artist or their management do not at any time after the date of this email raise objections to your use of the sound recording in your school coursework. 

Best wishes,

Jessica
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This was great and now meant that we would have cover to use the song for marking, but cannot upload it to You Tube for linking to this blog. For that reason, we will need to record a song, similar to 'You don't know' for use in the online version. 

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