DV Info Net - Montage music

DV Info Net (https://www.dvinfo.net/forum/)

- Wedding / Event Videography Techniques (https://www.dvinfo.net/forum/wedding-event-videography-techniques/)

- - Montage music (https://www.dvinfo.net/forum/wedding-event-videography-techniques/234024-montage-music.html)

Quote:

Originally Posted by Jeff Kellam (Post 1137265)

...

Record your music (in high quality) at the venue as part of the event, It' may still be illegal that way, I don't know, but it may be a fair use.

IFAIK it is still illegal if the music is an integral part of the scene. If you're recording an interview with a guest and there happens to be snatches of music overheard in the background, it's likely a court would give you a pass as things seem to be getting a little more lenient in cases of "incidental usage." But if you shoot the couple's first dance or the bride and her father dancing and you record the music being played, the music is an essential element of the scene and you'd need to license it.

"Fair Use" is a defence against an infringment action that is pretty well limited to situations where the usage was for purposes of news reporting, classroom education, or academic research. I can't think of ANY situation in the context of a wedding or event video where "fair use" would apply.

Quote:

Originally Posted by Tom Sessions (Post 1137283)

In the U.S. it is perfectly legal to use certain types of music for your wedding videos. I have posted the pull quote (below) on this site before, but people here are still ignorant.

This is my justification for using whatever music I want as long as it meets the criteria below:

This is a pull quote from MediaLaw in response to a question posed by a videographer

Music usage for wedding videos
By: MediaLaw Lawyer
Date: 5/22/2007 10:56:35 PM Member Since: 6/1/2006
State: NY
You obviously haven't found the "Romantic Legislative Protocol and Marriage Enhancement and Promotion" provision of the Copyright Act. In an effort to promote marriage, Congress enacted a little known exception to the Copyright Act, called the Fair Use. So long as the music is romantic in nature and not acid rock, heavy metal, surf music, anti-war, etc. videographers are okay in synchronizing sappy love songs and "our song" recordings. Nora Jones, Avril Lavigne and other performers who have changed their name are automatically covered. I'd add Bobby Vinton but I'd be showing my age.

ROFLMAO! I get the joke, but let's hope that there are no naive newbies visiting the forum that take your post seriously.

Quote:

Originally Posted by Jeff Kellam (Post 1137265)

Will you get caught, no, but it's still illegal and unprofessional.

I believe the days of saying "I won't get caught" are quickly drawing to a close. YouTube, Facebook, et al have software to scan and detect copyright protected songs. It won't be long until the RIAA adapts such software to scan all internet sites searching for copyright infringement. Then they'll send you a bill.

Before you laugh and say it will never happen, consider that the RIAA has done exactly that in the past - searched the internet for those they felt were causing them harm, and sent a bill along with a threat of legal action.

As further proof: Getty Images is already doing this with images on the web. Their software continuously crawls the web, comparing all images to their catalog. When they find one of their images being used without a license, they send a bill - sometimes for thousands of dollars.

If anyone is using popular songs in their videos, I certainly wouldn't go posting them on your website.

Synchronization License

If the original poster was using that music he obviously already has gotten the required synchronization license. He contacted the artists and got their permission, he contacted the publishers and got their permission, paid the requested license fees, and paid his attorney who coordinated all this for him.

The bride wants her song, give the bride her song. How much easier do you want it? ;-)