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June 20th, 2007, 06:55 AM | #16 |
Trustee
Join Date: Feb 2004
Location: Suwanee, GA
Posts: 1,241
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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. |
June 20th, 2007, 02:20 PM | #17 |
Major Player
Join Date: Sep 2004
Location: Houston/Austin
Posts: 394
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let the client worry about that.
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June 21st, 2007, 07:43 AM | #18 |
Major Player
Join Date: Nov 2005
Location: New Jersey
Posts: 475
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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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July 20th, 2007, 02:35 PM | #19 |
Wrangler
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
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Yes. You produced and distributed an unauthorized copy of protected expression in violation of copyright laws.
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July 22nd, 2007, 05:56 AM | #20 |
Regular Crew
Join Date: May 2007
Location: Hermon Maine USA
Posts: 138
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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 |
July 22nd, 2007, 09:31 AM | #21 | |
Inner Circle
Join Date: Mar 2005
Location: Hamilton, Ontario, Canada
Posts: 5,742
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Quote:
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July 22nd, 2007, 10:35 AM | #22 | ||
Wrangler
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
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Quote:
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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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