Music and copyright
 

What's the farthest I can take someone else's song? What I mean is... I know if I keep my video private I can do anything I want, but where is the line drawn as far as using someone's copyrighted material? I am shooting a movie (for fun) with my friends and I am going to put in some music that i got from a CD. What can I NOT do with it? Can I use it in a portfolio? Can I send it to people to get my name out as long as I am not going for money? What's the deal?

Do a search under Paul Tauger here on the forum. Long threads about copyright issues are hashed and re-hashed.

Re: Music and copyright
 

<<<-- Originally posted by Scott T Anderson : What's the farthest I can take someone else's song? What I mean is... I know if I keep my video private I can do anything I want, but where is the line drawn as far as using someone's copyrighted material? I am shooting a movie (for fun) with my friends and I am going to put in some music that i got from a CD. What can I NOT do with it? Can I use it in a portfolio? Can I send it to people to get my name out as long as I am not going for money? What's the deal? -->>>

Here's the quick skinny.

NO.

:)

Bascially, you cannot do anything with it, except listen to it. When you buy music, that is all you are getting the rights to do with it. That is where the line is drawn.

The truth is of course, that you can really do whatever you want. If you are just watching it yourself or with friends, no-one is really going to know or care. That might be as far as I would go. I would not put it up on the web and I would NEVER use music I didn't have the rights to in my portfolio. I cannot think of anything less professional, except stealing video as well.

There are lots of sources of cheap, or free music out there. If you really need some, check with local bands as well.

Yeah, what Dylan said.

;)

Remake copyright suit by Eminem
 

DETROIT -- A federal judge in Detroit has ruled that Eminem can proceed with copyright infringement claims against Apple Computer and other companies.

An ad for Apple's i-Pod music player and i-Tunes music service featured a boy singing the rapper's song "Lose Yourself." The commercial had been running last year on MTV, and on Apple's Web site.

The judge's ruling said Eminem's case can proceed against several companies, including MTV parent Viacom, and an advertising agency.


Apple had used the ad despite the fact that the company had failed to get Eminem's permission for the campaign. A lawyer for the defendants said no viewer would think Eminem is endorsing the i-Tunes service.

HEH
 

The lawyer's comment is the best. Very nice attempt to change the issue into something other than the copyright infringement it so obviously is.

How is this any different from any of us using copyrighted material in our video productions? Apple and Viacom can afford better lawyers, and therefore can ignore the law, that's how! To run the commercial for well over a year too, that is just arrogance.
I'm an Apple guy and all, but I hope Eminem comes out on top here. Regardless of how I feel about his music, I think he is in the right.
Michael

Why can they go after MTV? MTV didn't make the ad, they just
sold a timeslot to someone else. Are they liable for what they
put in that timeslot?

Well, in US, they can go after everybody the product passes thru. It is a well-designed system by wealthy lawyers, judges, and politicians to stifle innovation and free market. :-)

Music Copyright in Films
 

G'day,

I'm considering using an old radio recording (mp3) of "The Teddy Bears Picnic" in an upcomming film project. I've only used music by friends in the past and was wondering what the copyright issues were with old recordings of old songs.

Can anyone help?

What if I used a mechanical music box that played the tune?

Good question Shane. It's been covered quite a few times here. If you do a search in this forum using the terms music and copyright, you'll find a dozen threads with complete answers. To give you a quick rundown:
1) You need permission from whoever owns the rights to the original radio recodring in order to use it legaly.
2) If it is from a music box, it may be old enough that the melody is part of the public domain and can be used free. You'll have to do a little searching though.

I think if you used a mechanical music box the threading in the box would still qualify as someone's 'recording'. So then you would have to check to see if those rights are still active.

I have been wondering something similar... suppost you have a subject in your film that is whistling or singing a few bars of a song? For example, if I were to show an individual in the film whistling/singing a few bars of "Wasting away again in Margeritaville" (sorry, but I saw Jimmy Buffet on Today and it's the only thing I can think of :)).

I've been wondering this... anybody know the answer? And the song would be not related to the movie in any way, just having a regular scene from a movie.

It would be copyright infringement, if done without a license.

Another darn copyright question
 

Does the music (or sound) from the shower scene in Psycho (you know, "wheet wheet wheet wheet") have a copyright? I think it might be part of a longer piece of music so I'm assuming yes. I've heard it (or something similar) in commercials and other movies, how do they do it? If you want to use something similar, how different does it have to be (considering it's only a note or two played on a stringed instrument)?

Bottom line is that this music (or sound) would fit perfectly in a scene from a short I'm making, but I will not steal someone else's work. Thanks if you can answer this.

I think perhaps it falls under parody use. If you are not appropriating the music and saying it is yours, you are just commenting on the music (or rather, the larger film) satirically. Everyone knows that music is from "Psycho".

EDIT: to backtrack, I know people use the notes from Jaws as well but I've heard them slightly altered so that they are not quite the same but still distinctively Jaws.