Legalities for Benefit Video

[Harry Simpson]

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

[Steve House]

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.

[Harry Simpson]

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.

[Steve House]

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.

[Dave Blackhurst]

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.

[Harry Simpson]

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.

[Steve House]

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.