Copyright Protection Question
Starting to do a lot of music videos. With Rap music videos there are several samples being used. As the director do I have any liability for producing a music video for an artist who doesn't own the right to use a sample in there song? How can I protect myself?
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A video is an independent project from the artist's song. As producer you are 100% responsibile for what goes into the show you produce. You can protect yourself by not shooting it.
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Now in the real world, the most likely outcome is you'll get a cease and desist letter. It's only if you ignore the cease and desist letter that they'll start legal action. However, I personally wouldn't take the chance. |
Points well taken. It's just that in all of the copyright lawsuit frenzy's I've never heard of a video director being sued.
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Here in the UK, the people who 'produce' the material can be extended to even be duplication firms, for the purposes of copyright action. You can't get a DVD plant to run the job without all the necessary permissions. Sample clearance is also a very annoying thing to have to deal with if there are many!
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Steve, I'm not doubting the fact that a licensee is required. What I'm asking is who's responsible for getting the license and who's liable. Is the production company liable? Is the director responsible?
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The OP said he is starting to do a lot of music videos. I'm going on the assumption that means he is a videographer who is being asked or hired by some bands to make a videos of their performances. That makes him the creator of the video and he would have the responsiblity. If the situation is that he has been hired by a video production company in the capacity of director, then the company would be responsible for clearing the music rights. After all, it's not the responsibility of the DP or gaffer to clear music rights either. But I suspect that he IS the "production company." The key point is that the license to use music in a video is a totally separate license from any that the band may, or may not, have obtained to perform or record the music, they can't give permission to use the music in a video even if they have obtained recording licenses themselves, and the OP can't pass the buck back to them saying it's their job to make sure that licenses are in order - as creator of the video it's his.
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Is there a difference between being hired by the band to record a performance & being hired to produce a music video?
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From what I understand, with regard to liability when the video produced infringes on copyright, no difference.
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http://www.dvinfo.net/forum/taking-c...et-caught.html Especially Paul Tauger's thougtfull explanations for why you DON'T hear about it. |
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