For all you wedding videographers - copyright question

[lgh529]

For all you guys that do wedding videos, etc and then author the DVD's with audio, do any of you deal with the copyright of the music?

As a sound system designer/engineer, one of my responsiblities is informing clients of music copyright laws with regard to their music on hold systems, or the paging system background music. Technically it is no legal to pipe in the local radio station into your music on hold system for your company, unless you pay the licence fees. (At least in the US).

Anyone deal with this issue?

[turk690]

I have been reminded of this from a pro videographer. He gave me hints and these are few of what I do on this issue: 1) SmartSound, among others, has music you can buy and pay for once and include in event videos (like weddings) without any other string attached. I think the way Premiere manipulates SmartSound files to nearly the exact length required is simply cool. 2) If a client must really have "I Don't Know What You Want But I Can't Give It Anymore" by the Pet Shop Boys to open their video with I ask them to go on and buy the wretched CD (if they don't have it yet), and provide proof that they indeed own it at that point. Since they own it, the Fair Use act (or some law that goes by that name) that says one can make backups/copies for personal use will include event videos I created for that particular client who owns that CD. I CAN'T make a copy for myself let alone use it for other client's videos so I'm not breaking copyright issues here, so I'm told. Either way the intended audience for that event video IS NOT the general public (if it were then copyright issues may indeed be raised...), and this is the BIG caveat: the intended audience IS NOT the general public; rather the audience is that individual/s that paid me to edit their video and make the DVD. Lastly people in general (at least the ones I've dealt with) take nicely to carefully worded explanations on why a certain Top 10 hit can't be included in his/her birthday party video if they don't own the CD and are more than willing to buy said CD JUST for the music of their choice to be IN their video.

[lordsmurf]

It's on a one-on-one basis with clients, and I look the other way at that law, however it may be intended. This is a private video. But since I don't really like to download music anymore, they'd be the ones giving me a CD or record or cassette with it. There is also free-use music out there that can be downloaded off the web. Where? Don't know, did it a long time ago. Have a folder full of it, whenever I need it.

[housepig]

I would concur - there is a substantive difference between rebroadcasting music on a paging system, and background music for a one-off wedding video.

it's like sampling music - if I make a rap song in my basement, rapping over a big chunk of "Superfreak", I can do that... I just can't release it publically. The copyright restrictions are going to come on in force if I press a bunch of cd's and start giving them to dj's....

the only time I would worry about wedding vid music is if they want a large number of copies of it once it's done.... similar to some guys who might have me edit and author a dvd of "Jackass"-style stunts - if they want me to put music into it, they are going to have to get clearance, because they are going to want to replicate and sell those discs...

more information and links in a thread HERE

[Nolonemo]

Turk, I hate to burst your bubble, but taking your client's CD and using it for a sountrack on the video you make for them is not fair use in this universe or any other. Better hope the RIAA isn't lurking on this forum. Their lawyers will tell you that YOU are making commercial use of the work. (Clever argument, though! Just legally wrong.)

[coyote]

OK.....I used to work at A.S.C.A.P. (the American Society of Composers Authors and Publishers) Otherwise known as the music police.

Before I even start, music on a wedding video should be perfectly legal in my understanding since it falls under fair use for the following reasons:
1. This video isn't being put on the street to be sold. Its for private use. A good example would be taping a song off the radio....this is acceptable.
2. We ARE getting paid. Whichever hall the wedding takes place at pays an annual fee to ASCAP, BMI or whichever other agencies so the money can be dispursed propperly.

A little more in depth it works like this, I will use owning a bar as an example:
1. If you have a jukebox, don't worry...the jukebox company pays.
2. If you play the radio, don't worry...the radio station pays
3. If you play a cd or have a band play.......
WORRY This is when you have to pay.
The basic idea is that you are using music as a drawing power in your establishment (you don't really see any bars that don't play music do you)

Also...most agencies break down how the music gets charged differently on videos (I will give ASCAP as an example since I know that one)
1. If you can see someone singing, this is the most expensive
2. If you can see someone playing an instrumental
3. If the music has vocals and is in the background (you don't see anyone)
4. If the music has an instrumental and in the background.

They also break it down into seconds being played.

There are a lot more ways it gets broken down, such as if it is a theme song......but thats the basics

I have seen many music questions on this site and I hope that answers many of them.

Any more may I suggest the ASCAP website http://www.ascap.com

[vandakeg]

Nolonemo is right. You do not obtain the rights to use or reproduce a song when you purchase the CD.

The only surefire way of doing it is by:
1.) getting 'expressed written consent' from the copyright holder
2.) purchasing royalty free music

HTH

[Nolonemo]

Coyote, I thought I had heard a couple of years ago about ASCAP sending people around to bars etc. ("commercial establishments") and socking them for royalties because they were playing the radio (or maybe it was playing background music on the CD player, not sure). What was the deal with that?