Asked to do a band concert video... what's a wedding videographer to do?

[Ben Creighton]

I've been asked, by the city I live in, to film and produce a DVD of their 'famous' outdoor Summer Band Concerts. They already have a professional audio crew recording sound, and rebroadcasting on a local radio station.
So, I have no real technical worries - all I need to do is capture video (I'm thinking 3 cameras), and they'll provide a pristine copy of the audio for my use. So, my concern?

Copyright!!

Thinking as a wedding videographer, and all the b*llsh*t we have to put up with in terms of music copyright,
I am really worried about producing, and putting my name on, a DVD which would be entirely about the music within.
This a 100 plus piece orchestra, playing John Phillip Sousa, etc. pieces to a weekly crowd of about 500 people. So, they've decided they want a 'greatest hits' DVD compiled from 6 weeks of performances.

I was their first phone call. And for that, I am grateful. But, even though I'd be using their audio, am I exposing myself to the same risks we would be by using protected music... even if it's a hundred years old?



I'm at bit a loss as to what to do on this one!
I appreciate your thoughts and feedback!! :)

[Dave Blackhurst]

Do it strictly as a "work for hire" - you are the camera operator and the editor, let the city have the high falutin credits (producer, etc).

Make sure any contract you sign is clear about your limitied roles/duties, and perhaps a clause stating that the job of those roles DOES NOT include any copyright clearance, which is the sole responsibility of "Kingsburg city festival productions" or whatever they want to use.

You may have fewer worries if they are doing "older" classic material - long dead composers aren't usually suing for rights/credits. If there's any modern "pop" tunes, I'd presume they will be adapted "arrangements for orchestra", and not too sure about how those are handled copyright wise...

I'm thinking it's not a wide distribution situation (drive through Kingsburg a couple times a year on 99!), but still better to do it right if possible. I'm thinking since a full audio and I'd presume lighting crew and all have been hired, it's easier for you to just be "camera op", and Editor of the final mix, actually probably LESS of an issue than most weddings, insofar as copyright "issues"!

[Chip Thome]

IF they are doing broadcast you will find this is all pre-copyright material. Broadcast royalties are way more expensive than DVD sales, and are the problems guys get into putting stuff on the net. So if they are doing broadcast, don't worry, your butt is covered. 100 piece orchestras are familiar with copyright and performance rights, you might want to just ask them. Chances are all is good, and I'd grab the gig if it were offered to me !!!

[Ben Creighton]

Thanks guys, I feel better from your comments! :)