Michelle Genrich |
December 16th, 2008 07:56 PM |
Quote:
Originally Posted by Ethan Cooper
(Post 972459)
The legality of using copyrighted music without either permission of the artist or paid consideration can't be argued, it's illegal. That being said, the general rule of thumb for years has been that if you're passing out a handful of wedding DVD's the FCC generally isn't going to look your way. That's not to say there haven't been cases of wedding guys getting busted, but they are few and far between and I've only heard it told as a "friend of an aunt who knows this guy" kinda thing.
When doing corporate jobs, and especially when doing broadcast work such as commercials avoid using copyrighted music at all cost. This is generally when you get in hot water.
Recently I've started questioning how smart it is of me to have samples up on my website because now it's out there and openly known that I'm using it in my weddings. Before the internet, the FCC would have had to go into someone's home and watched their wedding to find the offense, but now we're plastering our illegal use all over the place for any and all to see. I'm beginning to question my sanity on this one, but I don't want to lose the huge benefit of having samples of my work on the site.
I have to admit, I do lose sleep over this issue and it's always gnawing at the back of my brain, but my videos wouldn't be 1/4 of what they are without the music. If the FCC comes down on me, I lose my business which is my livelihood, and I could potentially lose much more. I don't wanna think about it anymore, pardon me while I go edit to another legally protected piece of music.
**EDIT**
I've often wondered where the heavy hitters, the Still Motions of the world are on this issue especially since they are pulling in larger sums of cash than a lot of the rest of us and therefore may be a bigger target for the FCC or whatever regulatory board is up in their neck of the woods. I know Patrick and the boys (and girls) use protected music like most of us, but how do they feel about the risks, and what steps if any do they take to insure against losing everything to a FCC shakedown. This thought isn't limited to Patrick but to anyone who is running a sizable event biz and practicing in the dirty little secret of wedding videos.
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The FCC at this time has nothing "or almost nothing" to do with what is broadcast musically over the internet. If you really want the rights to use someone's composition, you need a license with ASCAP and or BMI if you're using a composed song they are representing. To broadcast digitally over the internet, you'd also need a license with Sound Exchange as they represent the publisher and band of the recording being used via digital broadcast.
I've had a "live band" website for 3 years and since I do all the recording, hence am my own publisher. My only licensing needs are with ASCAP and BMI. I sleep at night because I don't have to worry about the $150,000 potential lawsuit per song times the amount of runs.
To be truly legal to broadcast music over the internet, you'd need about $2000 a year for licensing fees.
When it comes to making and distributing copies of music via DVD, you'd need a mechanical license with the Harry Fox Agency www.harryfox.com I think it is somewhere in the range of $90 per song but you may want to check further into that.
I think I'd rather pay $180 to have two songs on a photo montage/highlight video than risk the Copyright Royalty Board breathing down my neck via the various royalty agents with busted noses showing up at my door.
It's confusing but maybe I can help someone out with this as I learned the hard way (threat by royalty company to be sued for millions)
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