NY Times Ethicist handles a wedding videography 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 December 19th, 2005, 11:58 AM   #1
Regular Crew
 
Join Date: Nov 2003
Location: Fort Lauderdale, FL
Posts: 185
NY Times Ethicist handles a wedding videography question

All Things Considered, December 18, 2005 Could a wedding dance turn into a copyright infringement if it's videotaped? New York Times Magazine ethicist, Randy Cohen, weighs in.

-----

I love his comment at the end.
David Yuen is offline   Reply With Quote
Old December 19th, 2005, 12:33 PM   #2
Inner Circle
 
Join Date: Sep 2002
Location: San Mateo, CA
Posts: 3,840
David,

"incidental" is a non-defined term or art. That's why lawyers make money off of it. Yeah, if the music is incidental, no harm no foul. ON the other hand, the people who listen to this and decide to take the song, and synch it to a whole montage or something... have strayed far away from incidental use into synch rights.
Richard Alvarez is offline   Reply With Quote
Old December 19th, 2005, 01:30 PM   #3
Regular Crew
 
Join Date: Sep 2005
Posts: 35
and Randy Cohen brings up another issue in the interview.....
How many local bands actually pay ASCAP/BMI rights to sing those songs?
Charlie Gillespie is offline   Reply With Quote
Old December 21st, 2005, 12:20 PM   #4
Major Player
 
Join Date: Aug 2003
Location: Los Angeles, CA
Posts: 817
It is generally the responsibility of the venue or producer to pay the ASCAP or BMI payments, not the performers.
__________________
Barry Gribble
Integral Arts, IMDB
Barry Gribble is offline   Reply With Quote
Old December 21st, 2005, 12:44 PM   #5
Inner Circle
 
Join Date: Nov 2005
Location: Elk Grove CA
Posts: 6,838
Local Band or Disk Jockey

A lot of the weddings Ive been to don't have live bands, but use disk jockeys instead. I was thinking of that kind of issue when I heard this recording of the NPR broadcast. So does that make a difference too ??

And does it really matter how much the videographer makes of a shoot, if there is a violation ?

As an attorney not well versed in copyright law, there are lot of issues that temper my love of being involved in production of videos as a "second" or retirement career.... I suppose I better start brushing up on this. Anybody for law school??
Chris Barcellos is offline   Reply With Quote
Old December 21st, 2005, 02:20 PM   #6
Major Player
 
Join Date: Aug 2003
Location: Denver, Colorado USA
Posts: 654
"it's fine to use this music as long as what the video is doing is recording the wedding as opposed to making a movie about the wedding" (Randy Cohen)

Huh?

Clear as mud now.
Rick Steele is offline   Reply With Quote
Old December 21st, 2005, 05:17 PM   #7
Inner Circle
 
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
Quote:
Originally Posted by Rick Steele
"it's fine to use this music as long as what the video is doing is recording the wedding as opposed to making a movie about the wedding" (Randy Cohen)

Huh?

Clear as mud now.
I am not a lawyer, nor do I play one of TV.

That being said, AFAIK it works sort of like this. If you shoot the happy couple dancing their first dance and purely coincidentally happen to pick up fragments of music in the background along with other sounds like the buzz of conversation, the guest's applause, glasses tinkling, etc, you're probably okay. But if you put together a montage of shots from the ceremony or reception or a "love story" video and use the couple's favourite song as the score or otherwise intentional element of the soundtrack, the music becomes an integral part of the production itself - an artistic element contributing to the value of the final video - and would require licensing.

I doubt a wedding guest shooting for personal pleasure would need to worry. But the wedding videographer acting as the video counterpart of the official wedding photographer IMHO really needs to go "by the book" for a number of reasons, only one of which is the general social obligation to be a responsible citizen and obey the law of the land.
__________________
Good news, Cousins! This week's chocolate ration is 15 grams!

Last edited by Steve House; December 22nd, 2005 at 04:50 AM.
Steve House is offline   Reply With Quote
Old December 21st, 2005, 07:37 PM   #8
Inner Circle
 
Join Date: Nov 2005
Location: Elk Grove CA
Posts: 6,838
Article on This Site by Douglas Spotted Eagle

I think the article on copyright issues by Douglas Spotted Eagle was pretty interesting, and he is supposed to have checked it with counsel. See it here:

http://www.dvinfo.net/articles/busin...yrightfaq1.php
Chris Barcellos is offline   Reply With Quote
Old January 7th, 2006, 08:41 PM   #9
Major Player
 
Join Date: Jul 2004
Location: South-Central Ontario, Canada
Posts: 216
How about this then?

Would a videographer be able to pay ASCAP/BMI fees or whatever is appropriate here in Canada and then be able to use copyright music for creative purposes in, say, wedding videos?

Or am I blowing smoke?

sincerely,


ian
Ian Slessor is offline   Reply With Quote
Old January 8th, 2006, 09:16 AM   #10
Major Player
 
Join Date: Aug 2003
Location: Los Angeles, CA
Posts: 817
Ian,

There have been a couple of very lengthy discussions on all this... try a search on it for more detailed info.

In short, though, there are two problems with that. First, at best case it would only include the songwriting rights and not the performance rights, which are administered differently. Even with songwriting rights, however, you would still need explicit permission. The laws provide for compusolry licensing of a few things for songs - you can play them on the radio, you can record your own version, probably something else. In these cases you don't need permission and you pay a fee based on a fixed schedule. Other uses - like a video soundtrack - you need to obtain explicit permission to use it.
__________________
Barry Gribble
Integral Arts, IMDB
Barry Gribble is offline   Reply With Quote
Old January 8th, 2006, 10:26 AM   #11
Inner Circle
 
Join Date: Sep 2002
Location: San Mateo, CA
Posts: 3,840
Ian,
Do a search under 'synchronization rights'.
Richard Alvarez 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 12:38 AM.


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