Paul Tauger |
July 22nd, 2007 10:35 AM |
Quote:
Originally Posted by Mark Ganglfinger
(Post 716555)
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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Quote:
Originally Posted by Steve House
(Post 716616)
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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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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