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Old June 20th, 2007, 07:55 AM   #16
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Just so it is clear (not), ASCAP, BMI, and Harry Fox's info does not at all work when applied to video. In fact, they will do NOTHING to help you. For music, you need a synchronization license which is through a publishing company that represents the song writer if it is covered by Sonny Bono's act against humanity for extending copyright beyond what the Constitution specified. For a recording of a band/orchestra/etc performing an arrangement, you also need a Master Use license (see #9 at HFA FAQ). That comes from the record company.

All of this is one reason I am trying to get out of doing certain events. The cost of the work required for the above far exceeds what any client is willing to pay or you can recover via DVD sales. And all the parties involved mostly refuse to do anything about it to make it easy to comply. If one were sued, their lawyer should research that as part of the case arguments? Performances are already fairly easy, but not recording it on video and distributing it.
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Old June 20th, 2007, 03:20 PM   #17
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let the client worry about that.
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Old June 21st, 2007, 08:43 AM   #18
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If the client has purchased the correct licenses in order to use the music in their performance (many do not) and they plan to have it recorded for re-sale, they need to make sure those rights are included in the package they purchased. If it were me, I would make sure I saw the contracts and had a copy for my records.
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Old July 20th, 2007, 03:35 PM   #19
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Quote:
Originally Posted by Scott Jaco View Post
I videotaped a childrens dance recital and the client is selling the DVD's to parents.

All music used was copyrighted. Could I get in trouble for this?
Yes. You produced and distributed an unauthorized copy of protected expression in violation of copyright laws.
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Old July 22nd, 2007, 06:56 AM   #20
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I do mainly wedding videography and it just occured to me that there is background music being played continuosly throughout my reception footage. from what I am reading here, I need to secure rights for that.
Is this correct or is this a diffrerent situation?
Mark G
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Old July 22nd, 2007, 10:31 AM   #21
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Quote:
Originally Posted by Mark Ganglfinger View Post
I do mainly wedding videography and it just occured to me that there is background music being played continuosly throughout my reception footage. from what I am reading here, I need to secure rights for that.
Is this correct or is this a diffrerent situation?
Mark G
I am not a lawyer but my understanding is if it an integral part of the video soundtrack, like a love story montage set to music, you absolutely need to a license it from the copyright owner. But you said it is background music at the reception. If it truly is just vague ambient background sound accidently picked up along with the buzz of conversation and the clinking of glassware etc completely incidental to the video of, say, an interview with a guest, then it's not going to be a problem. But if you've mic'ed the DJ's PA system and have filmed the guests dancing so the music being played once again becomes a material part of the soundtrack acccompanying the images - let's say you've shot the B&G's first waltz accompanied by the music they're dancing to - AFAIK to be legal you're required to obtain the necessary licenses and permissions.
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Old July 22nd, 2007, 11:35 AM   #22
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Quote:
Originally Posted by Mark Ganglfinger View Post
I do mainly wedding videography and it just occured to me that there is background music being played continuosly throughout my reception footage. from what I am reading here, I need to secure rights for that.
Is this correct or is this a diffrerent situation?
Mark G
Quote:
Originally Posted by Steve House View Post
I am not a lawyer but my understanding is if it an integral part of the video soundtrack, like a love story montage set to music, you absolutely need to a license it from the copyright owner. But you said it is background music at the reception. If it truly is just vague ambient background sound accidently picked up along with the buzz of conversation and the clinking of glassware etc completely incidental to the video of, say, an interview with a guest, then it's not going to be a problem. But if you've mic'ed the DJ's PA system and have filmed the guests dancing so the music being played once again becomes a material part of the soundtrack acccompanying the images - let's say you've shot the B&G's first waltz accompanied by the music they're dancing to - AFAIK to be legal you're required to obtain the necessary licenses and permissions.
Incidental reproduction doctrine is far from clear. There are only a couple of reported cases that address it, they're not completely consistent and, in any event, they are the district court level and do not constitute precedent.

I've written on incidental reproduction doctrine here before, so I don't want to repeat myself. The short answer is: if for a news purpose, and using less than the complete work for a non-integral purpose, it's probably fair use. If for a non-news purpose, or the complete works is used, or it's used integrally as a sound track, e.g. with a J- or L- cut, it probably is not. I can' provide an opinion with respect to wedding videos -- no one here is my client and I can't provide legal advice to non-clients -- however I will say that it is far from clear whether a wedding video will fall within fair use in this context; it depends on the video, the way the music is used, and the district in which the court that tries any subsequent action is located. My personal belief is that this should constitute fair use. However, I'm also not a judge and not in a position to make the law.

Note that, absent the fair use doctrine defense, it is clearly copyright infringement.
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