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  1. I'm not sure this question belongs in the "Authoring and Burning" forum, but I didn't see any other where it would fit. Well, here goes...

    I want to start a business making video slideshows (prints/digital prints to DVD or VHS). The only part that has me stumped is the background music aspect. Most people prefer "popular" music, b/c they have a special song for a particular video. The problem comes when you consider royalties...Can you use a song from a Celine Dion CD the customer provides you?

    I've done some research, and the Professional wedding video makers (on google groups) say no. They say it is nearly "copying" a song for the customer, then essentially charging them for it. That said, I recently came across http://www.familymemoriesvideo.com/music_gallery.htm, a site which makes the types of videos I'm interested in creating. They have a list of over 150 songs that they will include in your video for free. I can't imagine they paid royalties to each and every artist, music company, and songwriter for the songs used.

    That said, I found a post once where a wedding videomaker said he contacted Michael W. Smith (popular artist) about using one of his songs on a wedding video. He was allowed a single license for this one song, for a "small" fee of $75!

    So what are the other options? Royalty-free music. There is music which is created by companies for commercial, industrial, etc. use. These are used as background music on commercials, biographies, etc. Most I've heard are elevator music type. In other words, not very interesting. (not to say, they are expensive...$30 a CD to $45/ a song).

    Other options? I've actually considered making my own music...buying a keyboard, or getting a friend or family member (who is musically inclined) to make some music for me. Not an easy option. I've also considered contacting up and coming artists, who have yet to be signed by record companies. That is also an option, which would help them spread their name/music.

    Anyone out there have any ideas about this GRAY AREA? Thanks in advance.
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  2. I'm pretty sure I found the answer on dv.com's forums...if anyone is interested:

    RSGroup posted 10/09/2001 05:55 AM EDT
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    I have people regularly ask me to do a project for them in which their family pictures are set to music. By music, I mean off-the-shelf, popular music. My understanding of the law is that it is illegal to sinc any type of video with copyrighted music, but I know for a fact that other editors in the area offer this service. Is this type of project permissible if it is for private use only (not broadcast, not duplicated, not sold)?

    Thanks in advance for your input.



    sher posted 10/10/2001 05:38 AM EDT
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    Your understanding of the law is correct. You can't use copyrighted music (privately, publicly, broadcast, sold, or given away) unless you have received permission to do so. There will always be people who do this and get away with it. This can be very frustrating for those of us who would like to do it, but have enough respect for the laws not to... being sued is a little frightening for me, too.




    lerman posted 10/10/2001 06:57 AM EDT
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    Sher's right. Legally, any use of copyrighted music is a no-no without specific permission or license.

    However... when it comes to a personal video that only be shown to friends and relatives -- in their homes -- with no charge for viewing-- who cares? If you ask the Music Companies, they'll say they do -- mainly because officially they have to say they care as part of defending their copyright. But unofficially? A personal video about little Bobbie's sixth birthday party, or their daughter's wedding just doesn't make it into their radar as a threat to their profits or claim of copyright protection.

    Sure, there's always a chance that some Music Company lawyer will decide to ring your bell about this. But first, they have to find out about it - and second, they have to be really, really bored.

    Bottom Line? Yes, there's a risk, but its very, very small. About the same as a DJ who burns a CD mix of hits to play at the wedding reception.

    As for the ethics of doing this? That's a question only you can answer for yourself.

    Lerman




    RickSp posted 10/26/2001 03:59 PM EDT
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    In general you are right. You can essentially record very little legally. Which is of course ridiculous.

    I understand, without claiming to know the legal details, that if the folks for whom you are working for, have purchased the music themselves and are not going to use the video for commercial purposes, that taping individual songs is probably legal. This is really no different from the burning individual songs onto a cd to "create your own mix" which is why Phillips advertizes its CD burners on television. I presume that they are not suggesting a mass breaking of the copyright laws.

    So I would go ahead and do the job. If your clients can't provide you with the music that they own, include the purchase price in your fee and give them the cds along with the video.

    Rick



    Jay Rose posted 10/27/2001 09:20 AM EDT
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    The 'if your clients already own the CDs' defense has nothing to do with law. It's perfectly legal for an individual to copy a song onto another CD (or cassette, or MD, or mp3) for their own listening convenience, as the Philips and Apple ads imply.

    But synchronizing pictures to that song involves a different right, which isn't transferred when you buy a music-store CD. Your chances of getting caught are probably zilch, of course... but if the record company wanted to, they could nail you.


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    Jay Rose
    DV Audio Columnist
    www.dplay.com
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