obtaining rights to use music in a video montage? PLEASE HEEELPPP MEEE!!

[arosemontages]

hello I have only posted once before and received a tremendous amount of help; so I'm back in hopes of the same kind of experience!!
I am a stay at home mom trying to get a small montage business off the ground. I make video montages set to music, using people's photos and/or video clips. anyway, I always purchase the music that I use - on iTunes or whatever. putting it in the montage is not my issue. my issue is when uploading the montage to sites like vimeo or youtube... there inevitably is ALWAYS one song in each montage that is an issue. they won't upload my video because I don't have the rights to the song. I have appealed the case citing "fair use" but obviously my case has never been good enough LOL it really makes a difference, having to upload to a site like this... a) I want the consumer to view the final product and approve it before I transfer it onto a dvd for them... and b) when trying to promote my business (right now I am basically just doing so through social media) - I get SO much more attention when I link samples of my work. but if every piece of my work is not being allowed to be uploaded/viewed, it's a HUGE hinderence. even just recently I tried with another montage of my daughter... I just want to be able to share it with family and friends and yet again, an issue. anyway, long story short... is there any way around this??? is there a way to actually purchase the rights?? is there a different site that doesn't give me such an issue? I looked at a site called friendlymusic... but it doesn't appear that I can purchase rights to a specific song. I'm not looking to swap out my music choices for something else. it's the consumers choice, so that wouldn't fly. please help me!!!!

[manono]

is there any way around this???

Write to the company that owns the music and ask them for permission to use it. If they say 'no' (and they almost certainly will), that's the end of it.

Otherwise, make your video available on a file-sharing site, one like MediaFire, and have your client or friend or whatever download it to view it and decide.

[arosemontages]

manono,
a site like mediafire... if I post a video, does it have to be downloaded to view? or can I share it on social media sites to gain exposure for my business as well? also I don't want a client to be able to download it and have unlimited access... the point is them purchasing the completed product from me, as well as additional copies etc. I want them to be able to view it, but for me to have the control to then remove the video.

[newpball]

hello I have only posted once before and received a tremendous amount of help; so I'm back in hopes of the same kind of experience!!
I am a stay at home mom trying to get a small montage business off the ground. I make video montages set to music, using people's photos and/or video clips. anyway, I always purchase the music that I use - on iTunes or whatever. putting it in the montage is not my issue. my issue is when uploading the montage to sites like vimeo or youtube... there inevitably is ALWAYS one song in each montage that is an issue. they won't upload my video because I don't have the rights to the song. I have appealed the case citing "fair use" but obviously my case has never been good enough LOL it really makes a difference, having to upload to a site like this... a) I want the consumer to view the final product and approve it before I transfer it onto a dvd for them... and b) when trying to promote my business (right now I am basically just doing so through social media) - I get SO much more attention when I link samples of my work. but if every piece of my work is not being allowed to be uploaded/viewed, it's a HUGE hinderence. even just recently I tried with another montage of my daughter... I just want to be able to share it with family and friends and yet again, an issue. anyway, long story short... is there any way around this??? is there a way to actually purchase the rights?? is there a different site that doesn't give me such an issue? I looked at a site called friendlymusic... but it doesn't appear that I can purchase rights to a specific song. I'm not looking to swap out my music choices for something else. it's the consumers choice, so that wouldn't fly. please help me!!!!

Obviously what you do is not fair use. Also it is one thing if someone puts their their family video and 'borrows' some music, but it is another thing if someone tries to monetize from it.

There is a lot of rights free music for all genres on the internet you can use.

With respect to Youtube, even after your upload is content IDed most of the time the rights holders let you keep the video/audio (but certainly not if they have an official video on Youtube or Vimeo for instance through VEMO) and they will have the option to monetize. So if it is not blocked your are "more or less" in the relative safe zone.

But it is definitely a mistake to appeal if you know you have no case, in fact it will make things worse. Again most of the time the rights holders let it be (although they maintain the right to request removal at any time in the future), but if you appeal they will certainly not and you actually bother them unnecessarily because now a life person has to investigate, that costs time and money.

Best strategy for you would be to use rights free music or if you insist in using copyrighted music then certainly don't appeal if your video is IDed and if it is actually blocked you have no other option than to remove the video.

Also from a business perspective it is may not be very wise to promote your editing with 'borrowed' audio.

With respect to asking permission, clearly you use the music for the promotion of your business so there is no way they give you permission without you paying for it.

[DB83]

Purchasing music is really no different to buying that dvd. You can copy it for your own use but not for the use of anyone else or sell it on even if it is incidental to the item you are charging.

Royalty free music has been discussed. The other 'possibility' is 'Classical' music since most of that is out of copyright if copyright ever existed on it. The performance/recording of that music may be copyright but not the music itself.

But since you do appear willing to explore such avenues there is little more to add.

[manono]

or can I share it on social media sites to gain exposure for my business as well?

As mentioned, copyrighted music can't legally be used for your own gain without getting permission or paying. You can post a link to the music on Mediafire for your Facebook friends, but that's about it. Even that's illegal (violating MediaFire's TOS by uploading a video that contains copyrighted material) but you may get away with it.

I don't want a client to be able to download it and have unlimited access.

They can do that already with any videos on your own YouTube channel, although they may not know how. Many here download YouTube videos all the time. The software section lists many apps that can do the job for you or your 'clients'.

[Cornucopia]

This "business" is going to cost you in time & energy, with little overall payoff, and you are actually putting yourself in danger of being legally & financially in hot water.

You use your own music (that you create yourself), or music you contract with (to either be created or to license) or use Public Domain (also Creative Commons) music. That's your only options.

The bit about "classical" music is a red herring. For you to have something to add to your video, it needs to be recorded. This puts you back in the realm of either contracting with someone to write and/or perform the music as well as someone to record & edit it (OK, see above), or using pre-recorded music (which is only OK if it's PD/CC or you have specifically contracted to use it, otherwise it's NO GOOD).

*I may not be a lawyer, but I have worked for decades doing VO + Music work and I know what the options are.*

Also, understand that you and most consumers are under the mistaken assumption that you are buying a piece of music. You aren't. You are only buying a single copy/instance of a physical object (either a digital file, or a disc, etc), with the proviso that you are only to play that in/on a single device at a time for your own personal, individual use. You have "bought" the physical object, you have only "rented" the music, and the license/contract you've rented it under does NOT allow copies or re-purposing (which is what you are attempting to do).

My strong suggestion to you is this:
1. Swap out all music with PD music or licensed canned music (such as FirstCom) until you have time to create your own.
2. Upload only fragments and/or low-quality copies for online viewing, until you've grown to the point of using an encrypted subscription service (very far down the road). And re-think your loss-leader business model.
...or...
1. Think of a different avocation? I'm not sure if you are cut out for this in the long haul.

Scott

[smrpix]

Terms to google for: "royalty free music" (I've had good luck with Pond5) and "creative commons music."

Others have laid out the issues pretty well.

[lingyi]

manono,
also I don't want a client to be able to download it and have unlimited access... the point is them purchasing the completed product from me, as well as additional copies etc. I want them to be able to view it, but for me to have the control to then remove the video.

As has been discussed tens, if not hundreds of times on these forums, once your client can view your work, they can copy it. Even the best encrypted video can be captured from the screen. Heed Cornucopia's advise (especially #2 and the second #1) and look long and hard at what you're attempting.