Me and Dolly Parton

[hispanicboy]

Basic Story: Ok I have started a video business where I create commemorative DVDs for people’s events, be it a wedding, sports season. Anniversary, or whatever. Anyway I know that legally I am not allowed to just use all the Dolly Parton music I want as a background track, but how do I go about doing this legally? (not just Dolly, that was just to get you in this thread.  )



Basic Question: How do I get “permission” to use a copy write song on a project and then get it professionally duplicated with someone like disc makers or such.

Any info would be appreciated.

Thank you

[Forum Troll]

Contact whatever label she is on and ask for their licensing department. Also you might try the RIAA ( ) website, I'm sure they have all the legal contact info for what you need.

[spiderman2k1]

I have a friend that also does wedding if your doing a wedding you do not have to get permission if the Husband or whife give's you the CD that has the music and they own it. They want to hear the music they own on another format. Just like taken a CD ripping to MP3 and listening on your IPOD.

Now if you sell a copy to there parent's they also should own the CD with the music on it also. What I'm saying is who ever own's the wedding tape or DVD what ever it is has to own the CD.

Getting permission will cost you a arm and a leg for wedding video's.

[Bodyslide]

I am under the impression that if the customer already owns the CD that the song is on. You can then use it on the customers DVD. As background music only.

[hispanicboy]

ok but what if they don't own it, any tips on where to get permisison (RIAA) and does anyone have any idea what the cost on this type fo blanket license might be?

[housepig]

I've seen this issue on a couple of different forums, I'll go digging and get you some links.

the upshot is, if you use copyrighted music, you need to get a synchronization license. period.

the whole "they brought me the song, they own it on cd" doesn't mean they can put it on the wedding video - owning the disc doesn't mean they own the sync rights to it, that's not how it works legally.

now, if you're doing a wedding, and you're only making 5 copies for the couple and their family, the likelihood of you getting sued is pretty small. but it does exist - and the penalties can be nasty.

it depends on your comfort level - if you think you won't be sued, go for it. but if you're making more than a few copies, and especially if you are doing this as a business, I would look in to getting some royalty-free music for your backgrounds.

as for licensing, check with the Harry Fox agency.

[jaxxboss]

Let the bugger do his own digging for the thread. He uses a lame title heading to draw attention to his plight then wants someone else to search for him? Nah, if I was in the mood, I would give him all bogus threads to look thru. Fair is fair.

[hispanicboy]

thanks for the encouragement jaxxboss just so you kow i have been on the phone for about 3 hours this morning getting the run around from various agencies, hearry fox, ascap and others it's like they all asume i should "know" what to do. oh well i'll keep digging.

[RabidDog]

Does she actually look that good in real-life or have you touched up the photo? She is only about 5 foot 2 inches tall isnt she? Whats she like then?

[spiderman2k1]

If they do not own it I would tell them to buy the song or give me one dollar and I'll buy it from www.itunes.com I like apple music they use AAC file's. If appledoes not have the song buy it from another online store www.musicmatch.com www.napster.com

[jaxxboss]

thanks for the encouragement jaxxboss just so you kow i have been on the phone for about 3 hours this morning getting the run around from various agencies, hearry fox, ascap and others it's like they all asume i should "know" what to do. oh well i'll keep digging.

That's why there are consultants and lawyers to help with that sort of thing. You have to fork up the dough man.
And I wasnt implying that you didnt try to research this prior to asking, I was however saying that this topic has been covered here before and a cursory search would have came to your attention.

Nothing personal, but when you use false titles to get people to answer your question then I like to give back in kind.

[hispanicboy]

Does she actually look that good in real-life or have you touched up the photo? She is only about 5 foot 2 inches tall isnt she? Whats she like then?

that was taken in an airport, shejsut walked by and a friend snapped the picture.

[ricky1756]

somebody needs to up their prozac dose

[housepig]

FI they do not own it I would tell them to buy the song or give me one dollar and I'll buy it from www.itunes.com

...which won't do you any good, because you aren't buying a sync license from iTunes...

whether you own a copy of the song is irrelevant - owning a copy doesn't give you the right to synchronize it to an image and then distribute it. it doesn't matter if it's a movie, a wedding video, or a clip of you dancing around in your underwear while "9 To 5" plays in the background - you need a sync license to be legal.

if you don't care about being legal, rock on, put whatever you want on the disc. but again, if you're doing this as a business, it's in your best interests to watch out for this stuff...

[jaxxboss]

somebody needs to up their prozac dose

Well, don't tell us, go ahead and up your dose.

[housepig]

Let the bugger do his own digging for the thread.

good luck finding it - the threads I was referring are in two separate forums, not in this one.

links to come a little later...

[spiderman2k1]

"housepig" Your missing my point he can buy the song's he need's for the video's. If he's doing a wedding even if he him self own's the song on CD. All he has to do is buy the song again on www.itunes.com He's just buying it to do the job for the people that he's working for. In fact he's not buying the song the Bride and Grom are all he has to do is ask for the one dollar that itunes charge him. And if he does another wedding and they want the same song he use in the last wedding. He still has to buy the same song over again then there's no problem.

As for the AAC file just burn it to wave then rip it again. Save's time from going to the store and buying it all over again.

[alenhard]

Spider-
You are the one who is totally missing the point here. Your logic is unfounded and completely untrue. What you are advocating is, technically, against the law. True, a wedding videographer may be too small a concern for the RIAA, but that doesn't mean the laws don't apply.

You should refrain from giving such uneducated advice until you actually know something about this topic. I put it that way because you don't seem to get it any other way.

In regard to the original question- there is no simple answer except don't get caught! And don't bother with Harry Fox, etc.- you'll get nowhere with those guys. They simply don't have the time to worry about helping you out and they don't care one bit either.

[lordsmurf]

Ask a media lawyer.

[Rookie64]

cool pic, hispanicboy


Try this site -
http://www.nolo.com/


and there's a helpful book that comes with permission forms and a CD-ROM entitled,
Getting Permission: How to License and Clear Copyrighted Materials Online and Off by Richard Stim

http://www.nolo.com/lawstore/products/product.cfm/ObjectID/4835B5AF-0C35-4540-A4FE2073...3B0E540CC4CB1E


You can order it from Amazon.com as well or most other book stores.

Another book to check out is
[/i]The Public Domain: How to Find and Use Copyright-Free Writings, Music, Art & More[i] by Stephen Fishman
for stuff you Are allowed to use without any permission.

The first book also covers what is Fair Use which also does not require permission.

Housepig already mentioned Harry Fox Agency, which the book directs you to.

But you still should check it out - it covers everything you need to know in detail.


Hope that helps - Good Luck!

[SquirrelDip]

Can someone confirm the point originally brought up by spiderman2k1?

If the client you are preparing the video for owns the CD then you can use their CD, as long as you don't modify/edit the track. If this is true then why don't you just purchase whatever CD you want the track from and give the CD along with the video to your client? If they want 10 copies then "bundle" 10 CD's.

Many old CD's can be purchased for just a couple of bucks...

[Ezergeezer]

He's standing right next her, why did'nt he bloody ask her !!!!!!!!

[jaxxboss]

What he should do , at least for a starting point is to call a few people that advertise in the yellow pages or whatever that do this type of job. Make like he is wanting a wedding job done on dvd and ask about songs and such. Ask about royalties and stuff, kinda just get a feel for things. He may even get a decent area to look at on the web from one of these places so he can feel assured that it's al legal. I myself wouldnt take any advice from this board from Sea lawyers

[alenhard]

"Owning" a cd does NOT mean you "own" the rights to use the songs for your commercial activity. They are two completely different things, and just buying the cd doesn't mean you get to use it like that. It's a ridiculous assumption. By that logic any Hollywood studio could send out a secretary to buy a copy of a cd with a song they wanted to use in their movie and then they wouldn't have to pay royalties because they "bought" the cd. See how silly this type of logic is?

You definitely need to speak with a lawyer who has some experience with this.

[alenhard]

I know, it sucks that there aren't more solutions than that, but that's the way it is. I'm not in favor of it at all and I wish there were an easier way, but there isn't at the moment. This topic has been discussed at length various times in nearly every major forum on the internet, so feel free to search around and learn what you can about it.

[jaxxboss]

Does she actually look that good in real-life or have you touched up the photo? She is only about 5 foot 2 inches tall isnt she? Whats she like then?

By the size of her head and her neck it looks like a watermelon sitting on a toothpick :P

[hififan]

Ask an entertainment lawyer was the best advice [lordsmurf] followed by housepigs links to Harry Fox--not the only licensing agency but the biggest.

Everyone you call will assume that you know what you want and what you are doing. They will not hold your hand.

For a simple licensing--client has lined up all songs and listed the exact running times and if music is background or foreground/essential to the story--$18,500 in legal fees. [typically 4 to 12 songs]

You will get clearance from the publisher/label/ and artist.

Now can you afford to pay the publisher $100,000 per song --provided that this song is not on the charts within the last 3 years. If this is a hit song add one zero.

The record label will look for a royalty advance based on a fixed number of sales--these do not have to be actual sales. Record labels usually want something equal or a tad more than the publisher.

The artist, the artist receives a performance payment royalty which can be a flat fee. For a commercial, the usual fee for an oldie is $1,000,000. A more recent song can reach as high as $40,000,000. A soundtrack license can be more or less. However, if it is much less, the artist will decline.

The question is never can I get the license, the question is can I afford the license.

Regards

John

[coyote]

If I can get this thread back on track, I might have an answer for you. I used to be a Music Royalty Analyst (notice I said used to be) I worked at a company named A.S.C.A.P. (American Society of Composers Authors and Publishers). Most of the worlds copyrighted music goes through their hands.

You may want to contact them with any questions....they are the ones that collect the money for distribution. You might remember about 5 years ago they sued a bar in New Jersey for using a cd player without paying them the annual fee (they found this in one of there random checks of bars and restaurants)

Their web site is http://www.ascap.com

[housepig]

The artist, the artist receives a performance payment royalty which can be a flat fee. For a commercial, the usual fee for an oldie is $1,000,000. A more recent song can reach as high as $40,000,000. A soundtrack license can be more or less. However, if it is much less, the artist will decline.

do you have any links or more information on anybody paying $40 Million for a song in a commercial?

or even what songs fetch $1 million or more?

from what (little) I know about commercial music, this seems excessive.

[spiderman2k1]

"alenhard" You are missing the point

exsample

Wedding couple want's YMCA on there video if they own the CD give toto the videographer to put it in the video. It's there wedding and they own the CD they can listen to the song that they bought any way they want.

If they do not own the song and want it. They can just go buy it or give the videographer the extra money to go buy it when he's done with the tape or DVD just give the wedding couple the CD you pick up.

Like I was saying before he can also use www.itunes.com just charge the Wedding couple $.99 what www.itunes.com is charging. So there paying for the song's. When your done with the Wedding video. Burn them the AAC file or the file or what ever file it may be give it to them on a CDR then delete it from you hard drive.

When you are a videographer you are charging for labor that's it. You own no right's to the video that you shot after you give it to them. If use free music or do not use any music then you can own the right's to the video. Also I would say if you did use pay music like itune's. You canown the video but not the sound in the back ground.