Recently having completed a lengthy Samhain machinima project which entailed lots of research, The Song Of Amergin, A Samhain Story, I still had a VERY halloween type theme floating about in my mind.
After a few days of wondering what it could be, I finally pinned it down to be
Tim Burton's amazing song This is Halloween
from his Nightmare Before Christmas animated film.
And that's where the first Obstacle stepped in.
Realizing the pitfalls of using copyright controlled and Digitally Fingerprinted music in my machinima, not least of these is that my video hosting accounts could be frozen, blocked and even deleted, but perhaps more thoughtfully the problem of using someone elses creation without their permission, I set about finding a copyright free or creative commons version of the song,
from the Internet Archive here
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| The Internet Archive |
My endeavors rewarded, I found what I was looking for of sorts, I found the music performed by someone other than the Tim Burton-Danny Elfman team, and no it wasn't the excellent Marilyn Manson version either.
The only piece I found however had 'no' copyright permissions details ie the usual set of choices including Attribution But No Derivatives, or the preferred Attribution Derivatives Allowed, as well as others....
My way around this lack I thought was to just post a standard Creative Commons License Attribution Share Alike like this (http://creativecommons.org/licenses/by-sa/3.0/) below the film in the credits and hope that as the music recording had not been marked one way or the other, that this would satisfy the 'spy bots' that trawl the video hosting sites for copyright contraventions.
But this still left me another Obstacle, that it was 'just' the music.
Another trawl through the internet and I found plenty of lyrics lists for my chosen song, and whilst I was concerned over the copyright permissions for the music, as many tribute versions of the song have already been performed in theaters as well as uploaded on you tube and etc, provided I give fair attribution and thanks, I think it will be clear and not appear as though I am claiming the lyrics as my own.
We could call this 'fair use' particularly as I have edited the words that I do use, that I do not sell my machinima films anywhere nor make any money from them in any way..
This Is Halloween
Performed by the Citizens of Halloween
Performed by the Citizens of Halloween
SHADOW
Boys and girls of every age
Wouldn't you like to see something strange?
SIAMESE SHADOW
Come with us and you will see
This, our town of Halloween
PUMPKIN PATCH CHORUS
This is Halloween, this is Halloween
Pumpkins scream in the dead of night
GHOSTS
This is Halloween, everybody make a scene
Trick or treat till the neighbours gonna die of
fright
It's our town,
everybody scream
In this town of Halloween
CREATURE UNDER BED
I am the one hiding under your bed
Teeth ground sharp and eyes glowing red
MAN UNDER THE STAIRS
I am the one hiding under your stairs
Fingers like snakes and spiders in my hair
CORPSE CHORUS
This is Halloween, this is Halloween
Halloween! Halloween! Halloween! Halloween!
VAMPIRES
In this town we call home
Everyone hail to the pumpkin song
MAYOR
In this town, don't we love it now?
Everybody's waiting for the next surprise
CORPSE CHORUS
Round that corner,
man hiding in the trash can
Something's waiting now to pounce,
and how
you'll scream
HARLEOUIN DEMON, WEREWOLF,
AND MELTING MAN
Scream!
This is Halloween
Red 'n' black, slimy green
WEREWOLF
Aren't you scared?
WITCHES
Well, that's just fine
Say it once, say it twice
Take the chance and roll the dice
Ride with the moon in the dead of night
HANGING TREE
Everybody scream, everybody scream
HANGED MEN
In our town of Halloween
CLOWN
I am the clown with the tear-away face
Here in a flash and gone without a trace
SECOND GHOUL
I am the "who" when you call, "Who's there?"
I am the wind blowing through your hair
OOGIE BOOGIE SHADOW
I am the shadow on the moon at night
Filling your dreams to the brim with fright
CORPSE CHORUS
This is Halloween, this is Halloween
Halloween! Halloween! Halloween! Halloween!
Halloween! Halloween!
CHILD CORPSE TRIO
Tender lumplings everywhere
Life's no fun without a good scare
PARENT CORPSES
That's our job, but we're not mean
in our town of Halloween
CORPSE CHORUS
In this town
MAYOR
Don't we love it now?
MAYOR WITH CORPSE CHORUS
Everyone's waiting for the next surprise
CORPSE CHORUS
Skeleton jack might catch you in the back
And scream like a banshee
Make you jump out of your skin
This is Halloween, everyone scream
Won't ya please make way for a very special
guy
Our man jack is king of the pumpkin patch
Everyone hail to the Pumpkin King now
EVERYONE
This is Halloween, this is Halloween
Halloween! Halloween! Halloween! Halloween!
CORPSE CHILD TRIO
In this town we call home
Everyone hail to the pumpkin song
EVERYONE
La la-la la, Halloween! Halloween!
This Is Halloween by celestialelffSo in each case, every Obstacle that I met on the path to the audio for
This Is Halloween
has proved to be an Opportunity to create practical solutions that respect the original authors rights whilst still allowing myself to fulfill my mission.
Happy Halloween ~




(I'm posting with the profile of Anonymous because the blog engine wouldn't recognize any of my IDs. I'm Dolittlesaymuch, and my wordpress blog is dolittlesaymuch.wordpress.com.)
ReplyDeleteOmigosh. Copyright headaches! When I first started making machinima, I hunted all over the Web for someone willing to discuss this issue. I s'pose there isn't much we can do about it, but being restricted from using so much good material is really one of machinima's biggest drawbacks, as far as I'm concerned. I wonder what our options will become as machinima grows in popularity, and some of those in the music industry realize what a boost they might get if their music is featured in popular short films?
@Dolittlesaymuch It is definitely an issue and whilst I have been fortunate that a few musicians have allowed me to use un-Digitally Fingerprinted songs of theirs in my films, in the broader picture I hope that copyright use in 'Not For Profit' film and machinima may be developed further- as you suggest it does advertise the music. To this end I would hazard that the original musician might still wish to retain some rights over the subsequent use of their songs, they may not wish to hear their music in a horror film for example. I also think that a greater application of for sale licenses for music to be used in 'For Profit' films would be advantageous to the filmic world as a whole and an added opportunity to sell music in our time of digitally reduced music sales. Looking hopefully to the future then.
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