Me and Dolly Parton

[MOVIEGEEK]

@hispanicboy,
Read hififan's post he claims to be a lawyer:https://www.videohelp.com/forum/viewtopic.php?t=187261&highlight=

I'm not a lawyer,and maybe adam can chime into this topic,but it is legal(and free) to use a copyrighted song on your own production for non-commercial use as long as you own the CD.

[dwill123]

Does she actually look that good in real-life...

She's had more lifts than Aspen, Colorado.

[alenhard]

Spider-

Again you are mistaken in your assumptions. If you are getting paid for the service of creating a DVD/VCD/VHS/whatever, then it is a commercial work and you can NOT do it legally for free. Of course you can do it, but YOU are liable because you did the work. It doesn't matter who paid for the music. Unless you do the whole thing for free and give it away as a gift, then it's illegal. Once that song becomes part of your video and you sell it, then you must have a sync license.

I can use whatever music I own for my home movies and there is nothing worng with that. But as soon as I do it for someone else and charge them to do it, then I'm in trouble. Fair use does not permit me to make money off of someone else's song. Plain and simple.

[alenhard]

Services like iTunes and Napster can sell the music because they pay huge royalties and licensing fees to the record labels. You don't pay those fees as a videographer, so you don't have the same right to sell the music as they do. Paying $0.99 for a song only gives you the right to listen to it- not to use it in a commercial work for which you are getting paid. You can make copies of it, but only for yourself. Anything you do with it that makes money is not legal.

[hififan]

To answer what songs received $40,000,000--The Rolling Stones Start Me Up for a Microsoft Commercial.

About ten years ago Sears licensed Crosby Stills Nash and Young Our House for Kenmore Appliances. The fee paid to CSNY for the performance rights was $1,000,000. The law firm I was with handled this for Sears.

Personally, in my practice, I have licensed songs for independant films and specialty videos [corperate in house]. I have represented artists who have licensed their work to moveis and direct to video releases.

When Sunkist oranges used the Beach Boys music--Not the actual Beach Boys performance--the licensing fee charged by Sea of Tunes/Screen Gems Music was $8,000,000.

Coles department store licensed Bobby Darin from Capital/EMI for $3,000,000. A friend of mine represented EMI in the negotiaitions

Licensing is big business.

The Led Zepplin Caddilac Commercial--$5,000,000 to use the song in the background.

Pop music when used in a commercial environment recieves an enhanced royalty not limited to any statutory fee structure.

As for purhasing a cd and your music rights--you do not have performance rights. You purchase the right of private use and the right to sell that one disc that you purchased.

If you purchase a dvd or video, you cannot charge your friends an admission or exhibition fee. Ten years ago, I represented a bar that had film night. The bar set up a laser disc player and projected the films on a screen. No addmission, No cover, No minimum--the MPA wanted a blanket license fee of $75,000 a year.

I do not know your areas, but in New York, establishments with Cable or Satelite TV pay a premium fee that includes an exhibition fee built in.

Regards

John

[hififan]

I stand corrected on my last post.

The Rolling Stones recieved an initial up front fee of $12,000,000 for the initial promotion of Windows 95 for the United States.

The total fee for the promotion including the United States outside of the United States totalled just under 40 million.

You will not find exact quotes as to the licensing fees as these are mostly closed door affairs.

Automotive Weekly, had an article that speculated that Ford paid around $7,000,000 for the rights to Start Me Up for seven television and an undisclosed number of radio adds.

Regards

John

[energy80s]

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

I wouldn't mind her melons sitting on my toothpick!!