P1. Use of music in film - Legal considerations

The differences between recording rights and publishing rights is that recording rights is when the people who performed the piece of music you want to use has copyrighted it. For example there's copyright on a pianist recording of one of Beethoven's Sonatas. Publishing rights is instead of the performers owning the copyright the copyright only exists if the words and music have been written down or recorded. To clear the piece of music you would like to use in your film you would have to contact the record company or the person that owns the music. If you would like to use music from a composer that has died over seventy years ago then the music copyright has been removed. However when they died they might of passed the copyright on or someone else might have also owned the copyright. A record company might own the recording rights so you would need to contact them to ask for clearance of the music to use in your film. Incidental music is when the music is in the background but you can't hear it properly. For example if there is a jukebox in the background and music is playing. However to prove this the music should't have planned to be used. However if it is clear then it might not be easy to prove as incidental music and you might have to contact the people with the copyright to clear it. 

Creative commons is a non profited organisation that helps people share their work easily with easy to use copyright licenses. It is used so people can use other peoples work but on the conditions of the creators choice. There is 6 different types of licenses they provide:

The music I chose was a horror ambience (http://www.freesound.org/people/klankbeeld/sounds/133100/). I used it because it has the mysterious and eerie atmosphere I wanted to add to the background. It has a slow tempo. The music was created by Klankbeeld and has a license with creative commons which allows people to use the music but can't change it and must credit them. 

Information taken from:
http://www.bbc.co.uk/filmnetwork/filmmaking/guide/before-you-start/legal-faqs#musicvideo
http://www.bbc.co.uk/filmnetwork/filmmaking/guide/before-you-start/music-rights
http://creativecommons.org/about
http://creativecommons.org/licenses/