Music Rights Question

Discussion in 'Music' started by Matthew Brown, Jul 29, 2003.

  1. Matthew Brown

    Matthew Brown Supporting Actor

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    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
     
  2. Sathyan

    Sathyan Second Unit

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    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.
     
  3. Matthew Brown

    Matthew Brown Supporting Actor

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    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
     
  4. Ted Lee

    Ted Lee Lead Actor

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    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.
     
  5. Graeme Clark

    Graeme Clark Cinematographer

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