Legalities for Benefit Video at DVinfo.net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!


Reply
 
Thread Tools Search this Thread
Old July 19th, 2010, 09:38 AM   #1
Major Player
 
Join Date: Aug 2009
Location: Nashville, TN.
Posts: 581
Legalities for Benefit Video

I'm wanting to donate my services for a benefit to help a musician help rebuilt after a tragedy. It'll be with the artist's permission and I will not be paid for it and was wondering what legal issues I could still get bit by doing this.

1. record labels past or present?
2. if I used any stills from her albums - obviously I'd need to get releases for those I realize...

Just from creating a video with here - possibly an interview and pictures I take - would I be covered?

And ideas?

Thanks
Harry
__________________
Nashville TN using Canon 5D MK3, Canon 550D, RODE SVM mic, 70-200 f2.8L II IS, 24-105 f4L IS, 50 and 85 f/1.8, Vegas Pro 11, Zoom H4n, Blackbird, Lilliput Monitor, Lightroom
Harry Simpson is offline   Reply With Quote
Old July 19th, 2010, 11:25 AM   #2
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
You'll need sync licenses from the copyright owners (the composer and lyricist represented by their publisher) for any music that the artist performs in your video that he didn't write himself. If you use a pre-existing recording that was made by someone other than yourself, you'll need a master use license from the copyright owner to the recording itself (probably the label he recorded it for). You'll need licenses from the copyright owner of any existing photographs you use - probably the photographer but if they're on an album or have otherwise been previously published perhaps the label that released the album or the publisher, it depends on the contract between them and the photographer as to who owns the images. You'll need a model release from the artist to use the video images you make of him commercially. Although you probably wouldn't be liable, you also ought to investigate what contracts he might have with the labels he's recorded with, if any - if he's signed with a label his contract with them might prohibit him performing in your video without their involvment, resulting in your being stuck producing a program that you (and he) then can't do anything with.
__________________
Good news, Cousins! This week's chocolate ration is 15 grams!
Steve House is offline   Reply With Quote
Old July 19th, 2010, 03:51 PM   #3
Major Player
 
Join Date: Aug 2009
Location: Nashville, TN.
Posts: 581
Thanks Steve! WOW should I walk away now!? I'm not producing this for commercial resale but maily for web announcement of the need for and the upcoming benefit.

Trying to be helpful but I can see where this would get very sticky very quickly.
__________________
Nashville TN using Canon 5D MK3, Canon 550D, RODE SVM mic, 70-200 f2.8L II IS, 24-105 f4L IS, 50 and 85 f/1.8, Vegas Pro 11, Zoom H4n, Blackbird, Lilliput Monitor, Lightroom
Harry Simpson is offline   Reply With Quote
Old July 19th, 2010, 06:13 PM   #4
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
Doesn't really matter if it's for profit or not. If it's released or displayed to the public those are some of the issues you've got to attend to.
__________________
Good news, Cousins! This week's chocolate ration is 15 grams!
Steve House is offline   Reply With Quote
Old July 22nd, 2010, 01:22 AM   #5
Inner Circle
 
Join Date: Feb 2007
Location: Apple Valley CA
Posts: 4,866
There was just an article on MSN today where a little girl in the UK doing a benefit video, based on Charlie Chaplin, used a song, and got a "cease and desist" from a NY publishing firm, along with the rather large charges if she were to continue to use the song, which apparently is associated with Chaplin... so benefit or no, if the copyright holder isn't onboard, you'll be taking a risk.

Can you perhaps go through the artist's manager? Usually there's someone associated with an artist that handles "the paperwork", and might be able to either make the introductions or at least give you a list to work from, or maybe even do it all for "a favor" to their client.
Dave Blackhurst is offline   Reply With Quote
Old July 22nd, 2010, 01:37 PM   #6
Major Player
 
Join Date: Aug 2009
Location: Nashville, TN.
Posts: 581
The event sponsor loved the idea and was going to contact the artist to see if they were on board but yes even the event sponser mentioned the headache of releases i'd need so it's probably a no go.

I do videos of big name folks through a venue who gets all the required permissions so I don't have to mess with it for these shoots!

Thanks for the input.
__________________
Nashville TN using Canon 5D MK3, Canon 550D, RODE SVM mic, 70-200 f2.8L II IS, 24-105 f4L IS, 50 and 85 f/1.8, Vegas Pro 11, Zoom H4n, Blackbird, Lilliput Monitor, Lightroom
Harry Simpson is offline   Reply With Quote
Old July 22nd, 2010, 01:44 PM   #7
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
Are you sure they have all the clearances? The usual venue performance royalties made to ASCAP etc DO NOT clear usage of the music in videos of those performances. Even if you just roll tape and hand the footage over to the venue at the end of the night, you are the one actually physically copying the copyright material and would be liable if they are nabbed for infringment. It's up to you to insure that all the legal t's are crossed and i's dotted.
__________________
Good news, Cousins! This week's chocolate ration is 15 grams!
Steve House is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

Professional Video
(800) 833-4801
Portland, OR

B&H Photo Video
(866) 521-7381
New York, NY

Z.G.C.
(973) 335-4460
Mountain Lakes, NJ

Abel Cine Tech
(888) 700-4416
N.Y. NY & L.A. CA

Precision Camera
(800) 677-1023
Austin, TX

DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



Google
 

All times are GMT -6. The time now is 04:02 AM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2017 The Digital Video Information Network