Marching Band Video Production Company

September 2014

Greetings,

Thank you for allowing MSG to be your Marching Band Video Production Company. It is a pleasure to serve you and your students. In the past years, we have worked behind the scenes to comply with copyright laws and fees. MSG and its clients pay thousands in licensing fees for music each year. We choose to be in full compliance of the copyright laws.

Please help us help you be compliant. We have begun to see more show tunes and use of restricted music within the state.

We have prepared a form that will allow us to clear your performance selections in a timely manner. Your assistance and compliance will be a great help to us in making quality recordings of your performances. This form is similar to the forms you will see at the Area and State levels.

Because a school purchased a published work, this does not necessarily mean that permission to video this work has been purchased.

This form MUST BE returned to us 30 days before your contest performance.

We understand that a need to change music may be needed after this deadline. Schools will NOT be charged for changes after the deadline. Please email or call us as soon as possible if a change is needed.

Please note that extra charges may be required for some music in the Special Repertoire section in the attached document.

Please note that there are compositions that we cannot clear to record or is cost prohibited to acquire the synchronization license. Please see the list of restricted compositions with this communication. MSG will be responsible for fees and sync permissions of songs not included on our restricted list unless otherwise communicated.

Also, if you are doing your own arrangements, please acquire the proper license if you are arranging a copyrighted tune. Gone are the days when you could take the current pop tune from the radio and create your own arrangement without a license.

Your recording fee has been included in your contest entry fee. This includes a DVD of your UIL performance. Failure to return the “Director Release and Copyright Submission Form” will prevent your band from being recorded. Fees paid may not be refunded by your contest chairman.

A full contest set is available for purchase at a discount if purchased in advance of contest. Purchase Orders are accepted. Full sets are $50 in advance for Directors. Orders may be placed at http://www.msgbands.com, by mail or at the contest.

Thank you for your attention. Lee Miller

1511 S Chestnut Lufkin Texas 75901 (877) 537-8780 (936) 637-7593 (936) 634-8749 fax www.msgpr.com

Director Release and Copyright Submission Form Return this form and any attached information or orders to MSG Bands

Please note: Music is in the public domain if like with any other work in the public domain all rights have expired, or the authors have explicitly put a work into the public domain, or there never were copyrights

Release to Visually Record Students and Distribute

❏ I have reviewed the list of restricted compositions and publishers. School & City ______Classification:______Region/Area: ______School Address: ______City: ______Zip: ______Phone: ______

Composition Name 1______Public Domain? ❏ Yes ❏ No Stock arrangement? ❏ Yes ❏ No Composer ______Copyright Owner ______Arranger ______If Custom Arrangement, do you have copyright clearance? ❏ Yes ❏ No (If yes, please attach documentation.)

Composition Name 2______Public Domain? ❏ Yes ❏ No Stock arrangement? ❏ Yes ❏ No Composer ______Copyright Owner ______Arranger ______If Custom Arrangement, do you have copyright clearance? ❏ Yes ❏ No (If yes, please attach documentation.)

Composition Name 3______Public Domain? ❏ Yes ❏ No Stock arrangement? ❏ Yes ❏ No Composer ______Copyright Owner ______Arranger ______If Custom Arrangement, do you have copyright clearance? ❏ Yes ❏ No (If yes, please attach documentation.)

Composition Name 4______Public Domain? ❏ Yes ❏ No Stock arrangement? ❏ Yes ❏ No Composer ______Copyright Owner ______Arranger ______If Custom Arrangement, do you have copyright clearance? ❏ Yes ❏ No (If yes, please attach documentation.)

You may use another page if more space is needed. For special arrangements our assistance in copyrights and clearances, please contact Lee Miller at 936-637-7593 ext 21. Please return this form to MSG by faxing to 936-634-8749, emailing to [email protected] or by mail at 1511 S Chestnut, Lufkin Texas 75901

I hereby give my consent for MSG Bands to visually record band students in performance at UIL Marching contest. I further grant MSG permission to market, sell, and distribute said performance to general public contingent on receiving appropriate clearances and licenses.

I acknowledge that the information provided in this form is true, accurate and complete and that I am submitting on behalf of myself as an authorized representative of my band, my school and its administration. I understand and acknowledge that my school and I am bound by intellectual property laws and subject to applicable penalties for violation of civil and criminal law.

Date: ______

Director Name______Director’s Signature ______

Special Repertoire Requirements for Video Recording:

The requirements listed below are in addition to your obligation to acquire a "license to arrange" for each custom arrangement contained in your show.

You should also exercise care to ensure that you have permission to use any copyrighted visual images and “sampled music” in your show.

The general rule is, "When in doubt, seek permission."

A one-time "fixing fee" in the sum of $250.00 per song must be submitted to MSG by September 19 for use of works in the Special Repertoire.

The $250.00 fee is charged by the copyright owner of the works set forth below for the right to "fix" the performance to video. MSG must pay this fee in addition to synchronization licensing fees. MSG requires bands who use works in the Special Repertoire reimburse this cost.

SPECIAL REPERTOIRE

Publisher Composer(s) Amstel Music, BV Johan de Meij Jan Van der De Hakse Music Roost Publications, BV Philip Sparke Philip Studio Music Company Sparke Anglo Music Press Philip Sparke Stormworks Stephen Melillo Fintage Publishing & Various Collection B.V.

Direct Synchronization Licensing (recording audio with video) is required for all works and proof of synchronization permission/license must be submitted to MSG Bands no later than September 19.

MSG Bands is committed to providing each participant the opportunity to purchase a DVD recording of every performance. However, the right to videotape copyright music belongs to the copyright owner and is distinct from the license to arrange and perform. Some publishers, composers and artists demand a higher royalty rate for video licensing. DVD licenses routinely include "most favored nation" clauses which require MSG to increase the royalty fee it pays to licensors if it later agrees to pays a higher rate to any other licensor. These provisions make inclusion of works controlled by licensors who demand more than their counterparts to be prohibitively expensive and they will be excluded from MSG DVD's. You always have the option to have your music edited from the DVD. However, if the inclusion of music from our Restricted Compositions list is vital to your organization and you wish to have your performance included, in full, on our videos you can choose to reimburse MSG for the additional cost of licensing at each contest. The fees for works that can be included on the video at an extra cost are:

• Music by The Beatles – Cost: $1,500 per Regional. • Music owned by The FJH Music Co. Inc. – Cost: $300 per Regional. • Music owned by Sunflower Music (Goodman, Sunflower Music, Jewel Music, Regent Music, Ragbag Music) – Cost: $300 per Regional. Restricted Compositions: Not Available for Video Recording

If your band chooses to perform the songs listed below at a MSG event, you will need to sign and return the following Video Waiver Form acknowledging that you are aware that the audio will be muted or edited. Music from any James Bond film

1. Music from the film Titanic 2. All works by Bela Bartok 3. All works owned by Immediate Music 4. Music by AC/DC 5. "Libertango" by Astor Piazzolla 6. All works by Prince 7. Non-Beatles' songs by John Lennon 8. "Joga" and "The Anchor Song" by Björk 9. All Works by Bruce Springsteen 10. "R.O.C.K. In The USA" by Bruce Springsteen 11. Music from high profile Paramount Pictures films 12. Music from the Japanese animé series Cowboy Bebop 13. Music by Led Zeppelin 14. Music by Aerosmith 15. Music by Jim Morrison 16. Any Beatles song by John Lennon or Paul McCartney 17. "Hotel California" by The Eagles 18. "Break On Through" by The Doors 19. "Brazil (Main Title)" by Michael Kamen 20. "Sweet Home Chicago" by Robert Johnson 21. "Hurt" by Trent Reznor 22. "Fly Like An Eagle" by the Steve Miller Band 23. "Everything's Gonna Be Alright" by Sweetbox 24. "Let's Get It Started" by the Black-Eyed Peas 25. Music from the Integrity's Hosanna catalog 26. Music from The FJH Music Co. Inc. catalog 27. Music by Nobuo Uemetso 28. All Works by Bon Jovi 29. "20th Century Fox Fanfare" 30. "From Both Sides Now" by Joni Mitchell 31. All Works by Joni Mitchell 32. "I Can See Clearly Now" by Johnny Nash 33. "Super Marios Bros. Theme" by Koji Kondo (Anything owned by Nintendo. It is Ninentendo policy to deny all requests to use their music. For the official company policy, please see their website at http://www.nintendo.com/corp/faq.jsp#graphics 34. Music by Eminem 35. "Fix You" by Coldplay 36. All Works by Coldplay 37. "Empire State of Mind" by Alicia Keys, Shawn Carter, Janet Sewell, Angela Hunte, Al Shuckburgh, Bert Keyes, Sylvia Robinson 38. Music from "Le Cid" 39. "Inception" by Hans Zimmer 40. All Music from the Film "Inception" 41. "Concerto in C Minor" by Francis Poulenc 42. Music by Robert Lamm 43. Music by James Pankow 44. "Gabriel's Oboe" from The Mission by Ennio Morricone 45. Music by Godspeed! 46. "What's Love Got To Do With It" by Terry Britten, Graham Lyle 47. "Beijing" by Patrick Watson 48. All Works by Jimi Hendrix 49. All Works by The Who 50. "You Raise Me Up" by Brendan Graham, Rolf Lovland 51. All Works by Brendan Graham

This list is subject to change as we gain more information concerning the wishes of the composers and copyright owners and our ability to license recordings upon terms we deem acceptable/affordable.

*In some cases, the songs listed above were included because the copyright owner has already advised that they are not willing to grant video synchronization rights for marching band videos.

Please be reminded that the requirements listed above are in addition to your obligation to acquire a "license to arrange" for each custom arrangement contained in your show. In addition, you should also exercise care to ensure that you have permission to use any copyrighted visual images in your show. The general rule is, "when in doubt, seek permission."

Got a question? Call MSG at 936-637-7593 ext 21.

THIS MSG Bands Video Recording Waiver FORM FOR USE ONLY IF USING MUSIC FOUND ON RESTRICTED LIST

Name of School:

Address:

City: State: Zip:

Music for All Event(s):

FOR USE ONLY IF USING MUSIC FOUND ON RESTRICTED LIST In compliance with the Synchronization Licensing Requirements outlined in the included document, we hereby acknowledge that the following song(s) performed by our marching band during the fall marching band season will not be included on any videos produced and sold by MSG due to copyright restrictions. It is understood that if possible, MSG will include all other audio portions of our performance on the video but that the audio for the songs outlined below will be muted on the video.

Song Title:

Composer(s):

Song Title:

Composer(s):

FOR USE ONLY IF USING MUSIC FOUND ON RESTRICTED LIST