Legal Use of Music for Video Production

[Tyler2000]

If I started a video production business, which I have no actual plans for at this time, would this situation be completely legal?

Say someone gave me their old home videos and I edited it for them. If I found 3 or 4 songs from 2 or 3 cds that I think would be fit their video, I would physically purchase those CDs from a store. I would then give them their edited home videos with the music edited in, and also would give them the CDs from which the songs were ripped. I would include the cost of the CDs in the price of their final edited video.

If I wanted to use the same songs again for a different person, I would have to buy the CD again, and include the price with their edited video.

The music would be owned by the customer, and the rights to use the music were covered when they purchased the CD.

Is this how other video production companies work?

[adam]

Is this how other video production companies work?

Not even close. If you want to use copyrighted music in a commercial production (if you charge for it, it is commercial use even if its just their home videos) then you have to contact the copyright holder and ask permission. Usually this entails purchasing a commercial license for that content and paying the copyright holder royalties on each sale. Whether you purchase an individual license for each job or work out a deal where you can use the content across multiple jobs, is something you will have to work out with them.

When you buy a CD you are really only purchasing a user license that allows you to listen to that music. You never buy music and you never have any ownership rights in the actual content. All you ever buy are certain use rights and you need a special one if you want to use that content in another work, especially if its a commercial one.

Licensing popular music for someone's home videos is really not going to be feasible, its just too expensive for what you can charge them for the service. Try doing a web search for "royalty free music" and go crazy with that.

[Tyler2000]

I some saw some kind of do-it-yourself home video editing service at a video production company that said you could use music that you owned.

What if they gave me the CDs that they already owned and I put some of the songs in their home videos. I would not be charging for the music, just the editing part.

It is legal to make copies for personal use like on an ipod or a cd-r, so why wouldn't it be legal for the music to be on a vhs tape?

[Cornucopia]

Because then it becomes a "compilation" and/or "A/V synchronized work" and would require a synch license.

You're not just backing up their disc for them (which you wouldn't be allowed to charge for anyway-only they "might" be able to do that).

There's "what makes common sense" and "what is fair/just" or even "customary" and then there's "legal", and sometimes they don't coincide. (Seems to be much more common these days with digital intellectual property).

Scott

>>>>>>>>>
edit: that other production company you mentioned is going to get themselves in big trouble one of these days...

[adam]

I some saw some kind of do-it-yourself home video editing service at a video production company that said you could use music that you owned.

Maybe it meant music that you actually owned, as in the copyright. Like I said, when you purchase a CD you are not purchasing the music only a license.

What if they gave me the CDs that they already owned and I put some of the songs in their home videos. I would not be charging for the music, just the editing part.

Purchasing a CD only grants you the right to listen to it. You do not have a legal right to use that music in another work, whether they give you their CDs or you use your own, or sell them to them or whatever. Its the use of that content in another work that is the infringement. There's really no way around this, if you want to license music for a work of yours you have to get special permission from the copyright holder. It doesn't matter how many times you have bought that CD.

It is legal to make copies for personal use like on an ipod or a cd-r, so why wouldn't it be legal for the music to be on a vhs tape.

Because you are not making copies for personal use you are making them for commercial use. You can't separate out editing versus music etc... You are selling them a product and a service. Any copyrighted material used in this process at all must be done with authorization from the copyright holder.

Also the statute which authorizes this non-commercial use (17 USCS 1008) allows you to make copies of the music, not use it in another work. Its intended to allow you to format shift and archive music, not sample it in another work...and certainly not in a commercial work.

[Tyler2000]

What is the definition of a ‘work’?

[adam]

A work is any creation. Essentially you create a work anytime you've made something that itself would be capable of copyrightability.

You are sampling from a "musical work" and using it in an audiovisual/motion picture work. This is a violation of the copyright in the original musical work as well as in the individual sound recordings (track 4 versus track 5 and even bar 4 versus bar 5 of the same song.)

[gshelley61]

You can probably use public domain music (like classical) or purchase royalty free music that is made for this purpose. Here's an info site about public domain music:

http://www.pdinfo.com/

If you search "Royalty Free Music" on eBay and Google, there is lots of it available for purchase.

[edDV]

There are tons of production music licensing companies. Consult Google.

Many editing programs include starter licence free music and a means to order more.

There are also tons of cover bands that sound similar to the original and are offered at low license fee. Cable TV productions (and network series) use these extensively. The idea is to offer familiar sounding music at low cost.

[madvideos]

Good Info, Thanks

[Tyler2000]

Ok fine. If someone asks how much it would cost to include a popular song into a video, roughly much could that song cost me if I could obtain the commercial rights to it?

[edDV]

Easier to go for cover music

Happy Googling

http://www.ascap.com/siteguide.html
http://www.bmi.com/licensing/

http://www.bmi.com/licensing/business/whatis.asp

http://www.soundexchange.com/licensing101.html

[Cornucopia]

University client of ours wanted a "Freshman Orientation" video to include a Sarah McLaughlin song (can't remember which one now). We tried to dissuade them, but they were adamant. So we directed them to the various agencies (including those listed above and also Harry Fox Agency http://www.harryfox.com/index.jsp), where they learned it would cost them in the 10's of THOUSANDS of $US! (Actually more than the whole cost of the video up till then)

Well, that gave them pause.
They ended up not doing the video (weren't even close to an agreed script by drop dead cutoff for the semester). Figures; they didn't have much of a clue.

MORAL:
Make your own music!

Scott

[edDV]

MORAL:
Make your own music!

Scott

Or give the money to a local university music student. They often have access to high end equipment and a professor advisor. Be sure to go through the front office to avoid scandal.

[guns1inger]

[quote]It is legal to make copies for personal use like on an ipod[quote]

Actually, in Australia it is illegal to convert formats, so you cannot legally take music you own on CD and convert it to play in MP3 players or iPods. You may load music you purchased in MP3 format into an MP3 player, but because there is still no Australian iTunes store, anything other than free podcasts etc, or your own personally composed music, is illegal.

[canadateck]

[quote="guns1inger"][quote]It is legal to make copies for personal use like on an ipod

Actually, in Australia it is illegal to convert formats, so you cannot legally take music you own on CD and convert it to play in MP3 players or iPods. You may load music you purchased in MP3 format into an MP3 player, but because there is still no Australian iTunes store, anything other than free podcasts etc, or your own personally composed music, is illegal.

You can't use the US site?

[guns1inger]

nope. iTunes only lets you purchase within certain regions, and somehow block spurchases from outside that area. That is why there is a US iTunes, a UK iTunes etc. I am sure there is a way around it, but for most plug and go users, this is a problem.

[dvd3500]

This is a science in itself and completely dependent on the coutnry you live in.
Here in Germany the minute any money is involved you start paying royalties...

[canadateck]

nope. iTunes only lets you purchase within certain regions, and somehow block spurchases from outside that area. That is why there is a US iTunes, a UK iTunes etc. I am sure there is a way around it, but for most plug and go users, this is a problem.

Good News...


http://www.geekzone.co.nz/content.asp?contentid=5379

Apple is introducing the iTunes Music Store in Australia, featuring over one million songs from major and independent record labels and over 1,000 music videos. The iTunes Music Store is now available in 21 countries.

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