Music Rights Question

Matthew Brown · 07-29-2003, 08:42 AM

I know this question comes up every once in a while but I wanted to see what everyone thought.

I make VCD'S for myself of my daughter's pictures and I set them to music. If I were to do this for other people and charge them, would it be a copyright violation if I had them supply the original CD for the music that they wish to include on it?

Would this be considered fair use? I would never use MP3's or CDR's.

Any responses would be appreciated.

Thanks!

Matt

Sathyan · 07-29-2003, 10:02 AM

that is NOT covered by fair use (regardless of whether you charge or not - the issue is unauthorized distribution). if you use someone else's music you need a license for distribution of that recording (artist/label) and that song (songwriter/publisher).

http://repertoire.bmi.com
http://www.ascap.com/ace/

unless your customer owns the rights to the music himself/herself (i.e. their song and recording), you are opening yourself up to serious liability. if you want to add an indemnification clause to the contract, consult with a lawyer.

Matthew Brown · 07-29-2003, 10:15 AM

Thanks for the links.

Do wedding videographers have to do this for every song that appears on a wedding video?

I am just curious how they do it. On my wedding video the videographer asked for CD's of our wedding song. Do they pay a flat fee to BMI or something to use the songs or do they actually have to get rights to each individual song?

Matt

Ted Lee · 07-29-2003, 03:11 PM

i very seriously doubt anyone takes this kind of stuff very seriously.

it may be against the law, but i suspect people like wedding videographers don't take it into consideration - unless they are big time.

it's not like they're trying to mass-resale your wedding video. it's only going to be of interest to the direct party - so who is going to complain? the videographer makes money, the customer gets a nice video with their songs. the artist, unfortunately, gets shafted.

i'm not saying it's right - just saying i suspect this is how the populace views this kind of stuff.

Graeme Clark · 07-30-2003, 01:16 AM

Quote:

that is NOT covered by fair use (regardless of whether you charge or not - the issue is unauthorized distribution). if you use someone else's music you need a license for distribution of that recording (artist/label) and that song (songwriter/publisher).

But don't the people who are supplying the CDs have a license for their own personal use? You're basically saying that if I loan my CDs out to someone, have them make a mix for more, and give it all back, that that does not fall under fair use??

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