music license question 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 October 24th, 2011, 05:13 PM   #1
Major Player
 
Join Date: Dec 2006
Location: Los Angeles, CA
Posts: 959
music license question

I wasn't sure which category to post this in and I should know this answer to this question but I don't, so here I am.

If I was to cut promo pieces for clients for the purpose of them posting it on their web sites, who should be responsible for acquiring the music license/rights etc.? I'm not talking about anything major... just music from the typical sites such as Triple Scoop, Tune Society, Magnatune, etc.
Bill Busby is offline   Reply With Quote
Old October 26th, 2011, 02:07 AM   #2
Major Player
 
Join Date: Feb 2010
Location: Slovenia
Posts: 356
Re: music license question

1. The owner of the material rights is responsible for the audio-video broadcasted on their medium.
2. Your production. If something is a miss it's your productions fault. But because you are not the owner of the material rights I don't think anybody can touch you accept the company's law suite (the company that you sold the AV work) - somebody correct me if I'm wrong here...

You acquire/buy the rights for the score and then sell/transfer the material rights of the AV work (which also contains the score rights) to the buyer. I think this is the most common case of how things work. The license is in your hands in this case I think.

That's how in my understanding this works. Your client could also buy the rights but that is usually not the standard practise because they're paying you to do the work:)
Sanjin Svajger is offline   Reply With Quote
Old October 26th, 2011, 05:13 AM   #3
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
Re: music license question

Quote:
Originally Posted by Bill Busby View Post
I wasn't sure which category to post this in and I should know this answer to this question but I don't, so here I am.

If I was to cut promo pieces for clients for the purpose of them posting it on their web sites, who should be responsible for acquiring the music license/rights etc.? I'm not talking about anything major... just music from the typical sites such as Triple Scoop, Tune Society, Magnatune, etc.
When you say "cut promo pieces" what is your role exactly? Are you doing a technician's function, editing footage under the direction of a producer/director or the client, or are you the actual producer, responsible for the content of the piece? Are you creating a copyrightable work on the behalf of your client or are you performing a work-for-hire where the client is legally the creator of the finished work? Assuming you are legally the creator of the work, it is you who is responsible for insuring that everything in it is legal so it would be your responsibility to insure all the licenses have been acquired. That doesn't mean you pay for them from your own pocket - the cost would be passed on to your client in your bill. But should there be a question of infringment, as the program creator you would be the one in the hot seat, perhaps along with your client but you would definitely be there, so the burden falls on your shoulders to insure all the T's are crossed and I's dotted..
__________________
Good news, Cousins! This week's chocolate ration is 15 grams!
Steve House is offline   Reply With Quote
Old October 26th, 2011, 05:29 AM   #4
Inner Circle
 
Join Date: Jan 2004
Location: Boca Raton, FL
Posts: 2,979
Re: music license question

@Bill: What Steve said.

This is the right place. In fact, this topic is frequently discussed (in a very lively fashion at times) but the answer comes out the same: If you are hired to produce the work, you should acquire the rights... for various reasons.
Les Wilson is offline   Reply With Quote
Old October 26th, 2011, 02:51 PM   #5
Major Player
 
Join Date: Dec 2006
Location: Los Angeles, CA
Posts: 959
Re: music license question

Thanks to all who responded. It's greatly appreciated!
Bill Busby 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