![]() |
Re: How much to charge for this, and what about tax?
Your second opinion is more right than your first.
|
Re: How much to charge for this, and what about tax?
I sent an email to another IP lawyer in my city who seemed more specialized in music copyright, and he replied that "you will generally need licenses in each of the scenarios you describe, which in most cases are prohibitively time consuming and expensive", and then offered me to discuss further for $275, which no way, but at least he gave me the general answer I needed. So I told the institute I wouldn't do it.
At some point videographers have to get together to organize a way to make the music labels understand that the current laws don't help anybody but lawyers, while taking away profit from both videographers and musicians. For example, if I would have done the recital and the parents see their daughter dancing to a song, even if they don't like the song, chances are they would order the CD, or at least the song in digital form. Even further, there should be a simple system like there is for restaurants and public venues for playing music, it would be as simple as paying 2% of the value charged for the video to be able to use the songs captured on video. So if anybody has any ideas on how to organize something, and especially if anybody knows a lawyer that can help pro-bono, let's bring it on. Videographers deserve to make money, and musicians deserve to make money. This system only helps lawyers. |
Re: How much to charge for this, and what about tax?
You've got it grasshopper...
Different attorneys, entirely different "opinions"... just as I said. I'd side with Atty #1, as his opinion aligns more with other opinions I've encountered in the "industry" (videography side anyway, NOT "movie industry")... but he'd be facing Atty #2, who might be backed by deep pockets and be friends with the Judge... The current system of multiple licences for "similar" uses makes it decidedly "UN-simple" to "fix". We've got to wait for "the law" to catch up with digital technology, by which time we may be dealing with something completely different. Remember as I said that if you read the actual copyright law, you'll find it typically uses the term "phonograph" when referring to copying... while I still have a "phonograph", I doubt it still even works, and I have little use for it anyway, when I can probably download digital copies of any old LP's for a couple bucks... While almost EVERYONE is familiar with, and uses, digital tech (most of which has the capability to RECORD in one form or another), the law generally feels like it's expecting "copies" to be on papyrus... Technology has hurtled forward, the parents can probably get together, put a couple iPhones on tripods strategically located, mix it in Vegas studio, and have a pretty "pro" production... and since THEY are doing it for their own private use, guess what... no legal "issues"... the tech is there, most people will have it or have access to it, but it's "criminal" if one uses it to offer a "commercial" service to deleiver the exact same thing... ? And we wonder why the USA is rapildly losing ground in so many respects?! There is a lack of common sense involved here, as well as practical considerations... while it's a different area of law, just ask yourself "is it ALWAYS illegal to go through a red light?" (really think about it...)... there's the LETTER of the law, and there is also the SPIRIT of the law, one of which you're virtually guaranteed to violate multiple times a day if you get out of bed... and the other, which allows one to actually go about one's business! And on another note, keep in mind the recent case of the composer of the music for the "anti-piracy" advert that is in circualtion - he had to sue when he discovered that the limited distribution he had granted license for was actually being used worldwide on a far larger scale - IOW, even the "anti-pirating" commercial producers violated his copyrights... sigh. |
Re: How much to charge for this, and what about tax?
In talking about the way the system ought to be, you guys are forgetting one thing...if the music publishing and recording industry perceived that it was in their financial self-interest to change the law so as to make limited use licenses for events such as weddings and and recitals easy and inexpensive, it would happen as fast as it takes a good secretary to type up the memo. They obviously don't see it as benefiting their industry to do so. And since the music IS their property, not ours,, they can be as liberal or as stingy with permission for its use as they wish
|
Re: How much to charge for this, and what about tax?
Quote:
And where's the WEVA in all this? Shouldn't they be fighting for this with the music labels? The labels would laugh at a letter from a wedding videographer, but sure as hell would pay more attention to a letter from an association that represents weddings and events videographers. I would gladly pay a membership with them if I knew they were fighting for this, but all I read is that some people mentioned it to them and they didn't care. Correct me if I'm wrong. The point is, we're getting screwed, the musicians are getting screwed, only because of a few suits with backwards mentality. We have to do something about it. |
Re: How much to charge for this, and what about tax?
Oddly, I got something from WEVA in my inbox today, announcing a new music licensing program in conjunction with APM Music - looked promising... if you can't find it Googling, I'll post a link tomorrow.
As for "it would happen fast"... not when you're dealing with artists and attorneys, with a room ful of MBA's tossed in for good measure... |
Re: How much to charge for this, and what about tax?
Quote:
You are preaching to the choir on that one. No one here would be unhappy with a workable arrangement when it comes to music licensing. Also understand we aren't against you in any of this. Several people with good knowledge and experience are pointing out that you will be assuming some risk by taking on that project. Exactly how much is hard to quantify. In the end you have to decide if you are willing to take the risk. I estimate that many of us (myself for sure) would choose to not take the project based on the amount of perceived risk in relation to the potential income. If I were to take such a job I would shoot it, edit it, and turn over a master copy to the school for them to distribute as they saw fit. I would not put my name on it anywhere. I would treat it as any other private corporate job and price it accordingly. That means for me to get paid for the services I rendered and not based on the final product sales. I expect if you were to submit a quote for your services and propose to get paid a reasonable rate for those services you will not be shooting that job. The reason is in addition to the risk above they want you to take all the risk for making or loosing money. Are you willing to take on that risk as well? Take the emotion out of it and make a good business decision. I commend you for your passion. Use it to make great looking projects. Don't use it to make business decisions. |
Re: How much to charge for this, and what about tax?
Quote:
The first lawyer I spoke to was an IP lawyer but more specialized in patents, which is why I wanted to check further. The second lawyer gave me a free consultation mostly because he had a long boring drive ahead of him and we spoke about the recitals and weddings. If strictly following the law, weddings would also be infringement when capturing the music played by the DJ, but that's more debatable in court because the music is not the main focus of the wedding, the couple is. The wedding could still happen without any music, although it would be ridiculous to mute the bridal march, the first dance and the party music, but if you were to mute it, there would still be a video. And you can also argue in court that the industry doesn't provide wedding videographers with a reasonable fee to license the use of all that music captured with the cameras. However, he mentioned that in the case of a recital, it's much more clear that the music is a big part of the event since it serves a much bigger purpose, and it's instrumental to the reason for the event, so it would be much harder to fight in court. Obviously now the music industry is losing money because of their policies, and they will continue to do so until they change it. |
Re: How much to charge for this, and what about tax?
Quote:
|
Re: How much to charge for this, and what about tax?
Quote:
I agree with you about WEVA (though I'm not a member and have no desire to shoot weddings). They seem singularly silent on the issue of licensing whether it's from the perspective of acting as an advocate for liberalized licensing schemes or by acting as a standards-setting body establishing canons of ethical business practices amongst their members and enforcing sanctions against members who violate them, including a member's use use of unlicensed materials in their productions. A common argument heard is "I have to use popular music or I'll lose business to my competitors." If a trade association such as WEVA built a cachet with consumers, sort of a "Better Business Bureau" for videographers if you will, the ability to advertise membership would be a business generator and conversely, the threat of sanctions, such as refusal to allow the use of the WEVA name and logo in advertising, or even outright cancellation of membership, if found to be engaging in copyright infringement, would provide a great incentive for a videographer to stay legal. Remember though, that changes in the copyright laws would be a sword capable of cutting both ways. Videographers are also creators of copyrighted works. Liberalizing laws allowing you to more easily use copyright music in your productions would also mean YOUR ability to control and profit from your own work is possibly going to be similarly diminished. Do you want people who somehow have access to your footage to have the ability to use it without clearing with you where it's going to be used or without paying you what you feel is the fair market value for your work? Let's say you post a sample of some scenic shots around your city on YouTube or Vimeo ... would you want someone to download it and use the footage in a "Beautiful North Carolina" DVD they're putting together without paying you for it or even getting your permission? How about if they're a wedding shooter and just drop it into a video they're doing for a client, perhaps using it for a scenic intro to a shot of the wedding couple pulling up in front of a quaint country cottage where they're having their ceremony? Now you spent $$ on the gear to make that shot, and more $$ on the gas to get to the location, and hours of your time waiting until the light was just right and that's worth $$ too ... I think you'd deserve to paid for the use when someone want to use the resulting clip in their own production, don't you? After all, you're not a videographer in order to give away your talent, are you? And while it may only be 15 seconds of video that they use, it cost YOU $500 out-of-pocket to create that 15 seconds once everything is factored in ... I think you ought to get some of that back if someone wants to take advantage of the great work you did (and the wedding couple thinks that opening shot just makes the whole video, sets the perfect mood for their love story!) |
Re: How much to charge for this, and what about tax?
Quote:
Quote:
The way it is now, the musician doesn't see a dime, and videographers can't do their work properly because of these stupid laws that don't benefit anyone. It's like buying a car with the condition that you can only turn left, if you want to turn right you have to pay $5000 each time, even if you only make $2000 a month. |
Re: How much to charge for this, and what about tax?
Sebastian -- we're all on your side. Honestly.
However, there certain contemporary personalities in other popular media (radio talk show hosts) whose names I don't want to show up on this site in Google search returns. I'm asking you to please respect my wishes to keep that sort of thing off of DVi. You don't have to dive into the muck to make your point. Thanks in advance, |
Re: How much to charge for this, and what about tax?
Chris,
the whole Peter Gabriel thing was to make the point that in a perfect world musicians would have control of their music, but the way the system is setup now, it allows their music to be used in despicable ways such as the one I mentioned, while at the same time it doesn't allow it to be used in ways that the musicians most likely would approve of, such as a wedding video which celebrates the union of two people. I deleted the rest of the Peter Gabriel paragraph because it makes no sense without the first part. |
Re: How much to charge for this, and what about tax?
Yes, welcome to the realities of the music industry's fixation on corporate-sponsored big business.
|
Re: How much to charge for this, and what about tax?
Sebastian, FYI in this copyright scene the musicans themselves are generally just hired help. The copyright owners are the composers and lyricists who actually write the sheet music and the publishers who publish it. It's relatively rarely that that is also the musicians who actually perform it. Most of the people that own the copyright to the music you might want to use are names you've never heard of. Similarly, the copyright on a given recording of a piece of music is owned by the label, not the performer. The performer is just a contractor hired by the label to create a "work for hire" for them. The actual musicians often have little or nothing to do with copyrights at all.
|
Re: How much to charge for this, and what about tax?
Yeah, actually I meant to say the music artists in general. Some write and perform their own music (Foo Fighters for example), some are hired to perform like you say, but it's obvious that none of them are receiving a dime for the use of their music in weddings and other events videos, when they should, but their administrators don't allow for that with their ridiculous system.
|
Re: How much to charge for this, and what about tax?
You've hit upon a good point in "intellectual property", that is usually overlooked at "first glance" (the one that says there should be a simple way to obtain licensing at a reasonable rate). While certainly licensing for innocuous an "innocent" purposes would be desirable... what happens when that use, be it of music or video or a printed work, results in some sort of "negative" connotation??
Lets say a porn producer wanted to use 30 seconds of some of one of your wedding videos because of a resemblance of your couple to his actors, and he just needed some "setting shots"... if he could just license if cheaply without your approval, can you see the potential backlash? That's the "Devils Advocate" talking, but you can't ignore the rights of an artist to NOT be associated with another work or artist... or anything else... While I missed your posting, I'll presume that the common situation recently where music is being used in a campaign or whatever, without artist permission, resulting in a cease and desist letter or a lawsuit, illustrates the problem, as does the one I mentioned about the composer of the piece in the anti-piracy campaign. The artist has to have some rights of refusal... there are some "uses" for which NO amount of money would be "fair compensation". FWIW, I've seen artists so convinced of the "value" of their work that effectively they made that work WORTHLESS, but of course there are artists who can command outrageous sums for the use of their work, IF they approve of it at all. Really what you're looking at is a two stage system - first one has to seek "permission" (rather than "forgiveness" <wink>), then a system which establishes a reasonable "scale" for approved uses. At the moment, NEITHER stage is geared to the "small" production/producer. I suppose that a simple clause added to iTunes or Amazon purchases that allowed for "limited personal" use in video (lousy phrasing, but you get the idea) would solve the problem pretty quickly... THEY would see the $$$$ and MIGHT be interested in "solving" the problem, and already have the resources and distribution in place? As "small time" videographers, we naturally see the small market, the limited distribution, and the relatively low budget production that would normally never result in anyone being offended... but there's an "evil twin" out there, and it mucks things up significantly... and the long standing licensing schemes are all geared to THAT side of the "market". |
Re: How much to charge for this, and what about tax?
That's as easy as putting restrictions on the licenses and how can they be used. No porn, no political gatherings, and whatever other clear problem areas you might think of, unless the artist gives permission. The worst that can happen in a wedding video is that maybe the camera work or the editing is not that great, but I doubt any wedding video, especially since it's for personal use, would include a song in a way that is highly objectionable by the composer. Still, regardless of that, DJs play whatever they want, and the videographer is there to document the event, so why wouldn't he or she be able to include the music in the video as it was recorded at the event?
|
Re: How much to charge for this, and what about tax?
Because the creator of the music is entitled to compensation for each and every time his property is used. One "listening" is worth X dollars (the royalty the DJ or venue or a broadcaster pays to ASCAP for each time the piece is played)/ Incorporating the piece permanently into the body another person's copyrightable work, regardless of how it gets there, is an additional use over and above the playing at the venue that increases the value of that new work over what it otherwise would have and merits X+++ dollars (the cost of the sync license). Your wedding or recital video would be a flop if you didn't have the music audible and so the creator of the music has contributed to the success of your video - in return he deserves a piece of the action. You might say that he's charging too much compared to what you can bill your client but he could just as easily say he is charging a fair price for his contribution to the final production and it's YOU who are charging too little for yours.
By the way, are you aware that when you incorporate music into the soundtrack of a show for broadcast, say a TV sit-com, the producer has to pay the sync and master use license to put the music there in the first place and then the broadcaster pays any royalties due via their ASCAP license on that same music each time the show is aired? Coordinating airplay with the ASCAP royalties is the reason producers normally have to submit a cue sheet listing all the music cuts, no matter how brief, that are audible during the show as part of the program's deliverables. It's just the same as you having to pay for the sync license on top of the DJ or dance school paying his ASCAP license, it's just that the sequence is reversed. |
Re: How much to charge for this, and what about tax?
Key difference being BROADCAST...
Thus incidental or "documentary" capture of a one time event for later private use and viewing falls into an entirely different scenario, and that's what the W/E videographer struggles with. As we've discussed, there is NO legal liability incurred if a private party uses their own video camera (be it a cell phone, camera, handycam, or whatever). It makes little sense that having a "pro" document the exact same event makes it "criminal". These aren't "big time" wide interest video productions we're talking here, with the rare exception of a video that gets posted and "goes viral" because of some unique aspect to the "content". Short of a video "going viral" (by nature of being BROADCAST on UToob or similar), the "audience" here is in the single or likely at most double digits, and only on rare occaisions will it reach the low triple digits (the dance video in question was slightly over 100 units... most of which will get watched a couple times, then go sit on the shelf until the media degrades...). I know that the "dream" is that somehow every production will be of such widespread interest and stunning content value that millions will "tune in", but in all practicality, that's the infinitesimal percentage, probably best expressed with quite a few 0's to the right of the decimal point... SO, while we all agree that "broadcast" via the web, even if it doesn't "go viral" creates the potential of widespread distribution, and with it the legal exposure, I still argue for the "exception" when the final video is for the private use of a very small audience, interested in the DOCUMENTARY aspects of an event only meaningful to THEM. The "incidental" aspect of the likely less than pristine audio capture (due to ambient sound and acoustics) hardly constitutes "copying" - it is no more than the incidental capture of "what happened". I'll exclude those videos which are little more than glorified "music videos", as they ARE using the choice of music for effect... but as far as "live capture"... this IS NOT the same as carefully picked and chosen "soundtrack" content, which is usually carefully produced and edited to maintain sound quality and add to the visual impact! One of the frustrating things about "copyright" enforcement is that in it's most agressive form, the argument goes that EVERY play of a song or whatever MUST be paid for and accounted for individually, or a violation has occurred... this completely IGNORES that a consumer typically thinks (with somewhat good reason) that when they BUY something, they have the right to do with it what they want, as long as they don't turn around and "mass produce" copies for a profit. I argue the fall of the music "business" came when they started to roll out "the enforcers" to sue granny because some music files were on a computer she barely knows how to use and the grandkids who didn't know better "broke the rules". What consumer wants to deal with THAT sort of "product" or "business"?? The consumer thinks "hey, I really dig this tune by this new artist, I should send my buddy a copy of it, cause he will dig it too, and probably want to go buy their album/CD or check out their show", he doesn't think "hey, I think I'll rip off this artist that I like by sending a copy to all my friends so they can listen for FREE" (OK, maybe some people actually DO think this way...). The "threat" to the artist doesn't come from the average end listener or fan (who, by nature of creating popularity for the artist causes the artist's work to have "value"), but from the mass producers of bogus/counterfeit/copied "product", or the "open" file share/broadcast type sites - of course prosecuting granny makes a "statement" (arguably one that leaves a bad taste in the consumers mind!). I'll again note that "media shifting" HAS been upheld - the consumer has the right to transfer the 1's and 0's between various media for playback for their PERSONAL use. Again, a clear "exception" protecting the rights of the "small" against the claims of the "big", should the question arise. The consumer wants to "purchase" the 1's and 0's and be able to listen to them any way they want, including putting them on a video for their own personal enjoyment, not sit there worrying about the nuances of archaic licensing schemes and whether somehow playing back those 1's and 0's constitute "criminal conduct" when in one form instead of another... by "enforcing" agressively against the "consumer", the IP holders do more harm than good, IMO, and ultimately that is the core spirit of the argument each time this question comes up... There is the letter of the law, which arguably is pretty easy to violate, making EVERYONE a "criminal" and there is the spirit of the law, which ultimately is supposed to allow for reasonable "life, liberty, and the pursuit of happiness", not to mention the profitable exercise of commerce for "producers" of things of value. |
Re: How much to charge for this, and what about tax?
Quote:
If the music industry starts suing wedding videographers just because of the music that is captured through the microphone, then the wedding video industry will die and uncle Joe will record the wedding on his camcorder, still get all those songs on the video and the creators will still not see a dime. Now, if there are people in the industry with any brains, they gotta see how they are losing money because they have a system that may work for TV and cinema, but not for small video businesses, and do something about it. |
Re: How much to charge for this, and what about tax?
Quote:
|
Re: How much to charge for this, and what about tax?
Quote:
Why would a musician license their music this way? Why would a choreographer choose such music? Why would an artist bother to perform to such music? If this were art, original music would have been commissioned for the performance and copyright would not be an issue. This is not art. Instead, it is a bunch of students dancing to prerecorded music. Such an activity is a type of derivative fan art. In the United States it is not considered fair use to distribute DVDs of such a performance without permission of the original music copyright holder. The students paying their tuition to the dance studio should suggest that the choreographer use music which permits making a video recording of the performance. |
Re: How much to charge for this, and what about tax?
Quote:
|
Re: How much to charge for this, and what about tax?
Quote:
|
Re: How much to charge for this, and what about tax?
Quote:
|
Re: How much to charge for this, and what about tax?
Quote:
|
Re: How much to charge for this, and what about tax?
Quote:
|
Re: How much to charge for this, and what about tax?
Quote:
Quote:
|
Re: How much to charge for this, and what about tax?
Quote:
|
Re: How much to charge for this, and what about tax?
Quote:
There's a difference between the ephemeral experience of hearing some music in the environment and permanently capturing that same music as part of another copyrightable work |
Re: How much to charge for this, and what about tax?
Quote:
But when we are talking about the music that is captured through the microphone, we have no choice in that. No couple is going to pay over a thousand dollars for a video where the bridal march is muted unless they hired their own string quartet, where the first dance songs are muted, and people dancing to some generic royalty free music of far inferior value and unknown to them. So in that, we don't have a choice. |
Re: How much to charge for this, and what about tax?
Okay, we have reached the point where I have had to edit and withdraw posts from
public view because of an all-too-common problem: attacking the messenger because the message was not agreeable. Just a reminder that above all, I expect our members to be perfectly polite to each other even if there is disagreement. The topic of this thread is one which has been discussed and debated many, many times before, and just like all of those previous times, this one is going around in circles and is accomplishing absolutely *nothing* except aggravation towards fellow forum members. That is always my signal to close and lock the thread. Thanks to everyone who contributed, especially to those who kept it polite and civil throughout. |
| All times are GMT -6. The time now is 06:43 AM. |
DV Info Net -- Real Names, Real People, Real Info!
1998-2025 The Digital Video Information Network