Legality of using music...

[chewie8008]

Just curious if any of you guys could tell me whether I could do what i'm wanting to do legally or not.

I'm wanting to do a little DVD creation project for people. Basically taking peoples home videos and pictures they give me and adding music to them to make a little home dvd. The problem is, I am wanting to use music that is obviously licensed and am not sure how to go about this or if I can at all.

Lets say I went to a LEGIT site that sells downloads of mainstream music, downloaded and paid for a song. Then added this song to a dvd creation of home videos as background music. And then sold this disc to a 'customer'. Could I somehow say, legally, that in the purchase of this dvd they have paid for the usage of this song. As if they paid for it from a legit site, and I simply downloaded it for them and put it to disc. It obviously wouldn't be a movie that would be playing in any theatres that would further generate any revenue. So could that be legal, and are there any pre-cautionary steps I should take in doing this to make sure i'm legal...

Any help would be great!

[gadgetguy]

I'm not a lawyer and I don't play one on TV, but I believe using copyrighted music in that manner would be a violation of copyright law unless you have explicit permission from the copyright holder. Purchasing a CD or download gives you the right to listen to it, but does not give you permission to use that recording in a commercial venture.
Best to purchase royalty free music or use free royalty free music like you can get at this place (click here)

[Conquest10]

gadgetguy is correct. That is illegal. You cannot use copyrighted material in your commercial work. It doesn't matter that they paid for your disc. It doesn't work that way.

[chewie8008]

Ok, just stretching here....how about, if the person who is to buy the dvd, purchases the song, then has me put it on DVD for them and from there they pay for the dvd? lol...

Next i'll just call the Chili Peppers and ask 'em if I can borrow their song...lol.

[Conquest10]

Same thing. If they buy the CD, it still does not mean they own the rights to the song.

[kschang]

They can't subrogate their license to you either, if that's what you meant.

[lordsmurf]

On the other hand, the more important question may be, "if I do this, will I get sued". Probably not.

[gadgetguy]

On the other hand, the more important question may be, "if I do this, will I get sued". Probably not.

Provided you don't do something silly like advertising your services on a website that might attract the RIAA houndogs.