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Thread: music copyright advice

  1. #1

    Default music copyright advice

    Hi. I'm a newbie video editor and am editing a couple's holiday film. They went to Africa and while they were there saw various live bands at events they attended. One band was playing a promotional show in a record shop. The music is great and really adds to the film but I'm concerned about the copyright issues. Is it OK for me to use this music and if not - how do I go about resolving the copyright problem? I don't know the names of the bands..... Any advice much appreciated!

  2. #2
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    What's the purpose of the final video? Is it just a couples home video or is it going to be copied and distributed?

    If something is someone's home video and they have been filming a holiday and it just happens that part of this filming includes a band then there is no issue.
    www.nothingissound.co.uk // http://www.youtube.com/user/truebassist

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  3. #3
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    Wrong, wrong wrong.

    If you go to Glastonbury and film a band with your mobile to send to your parents, you're infringing copyright law. If you use a camcorder to film a free concert in Hyde Park to show your siblings, you're infringing copyright law, if you film a small band in a record shop to show your friends, you're infringing copyright law.

    The ONLY time you're 100% safe is if (a) you own the copyright or (b) you have written, signed permission to use the material in a specified way. It's that simple.

    Since (a) does not apply in this case, you can get licences to use the material from the IOV (Institute of Videography) the PRS or various other institutions by paying a small fee. It's your decision as to whether you're going to pay this fee for a video which is only going to be seen by a few friends or just use the material and hope that you won't get caught.

    Ignore any half-legal phrases such as "not for payment" or "for domestic use only" they're just urban myths. Copyright law is one of those subjects which tends to bring out all sorts of half-remembered rumours, often being confused with using excerpts from written publications which has nothing to do with music rights. This doesn't mean that you're going to get your door kicked down and raided for copyright infrigement but be aware that it's a bit like speeding... everyone does it, very few get caught, but those who do end up paying a fine.

    Edit:

    I'm sorry if I'm being a bit blunt but this subject comes up a lot, usually followed by heaps of wrong advice. To make things absolutely clear, here's a quote from the actual legislation...

    It is an offence to perform any of the following acts without the consent of the owner:

    Copy the work.
    Rent, lend or issue copies of the work to the public.
    Perform, broadcast or show the work in public.
    Adapt the work.


    Fair dealing is a term used to describe acts which are permitted to a certain degree without infringing the work, these acts are:

    Private and research study purposes.
    Performance, copies or lending for educational purposes.
    Criticism and news reporting.
    Incidental inclusion.
    Copies and lending by librarians.
    Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes.
    Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as time shifting.
    Producing a back up copy for personal use of a computer program.
    Playing sound recording for a non profit making organisation, club or society.
    (Profit making organisations and individuals should obtain a license from the Performing Rights Society.)

    Urban myths...
    Please note that a private person may PLAY music but not USE the music. So editing the music into a video is NOT covered by the last paragraph. It means that you can play the CD in your living room or at a private party providing that it's not a commercial venture in any way. The term "Incidental inclusion" covers the interview made with a transistor radio accidentally playing a song in the background. If it can be proved that the music is deliberately included in the video, then you're breaking copyright legislation.

    The legislation can be downloaded and read at http://www.ipo.gov.uk/cdpact1988.pdf if you really have a long, boring weekend with nothing to do...
    Last edited by Rembrandt Rob; 07-09-2008 at 09:05 AM.

  4. #4
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    Sorry for the bad advice...guess I should never assume again!!! Thanks The Guru for straightening me out =]]
    www.nothingissound.co.uk // http://www.youtube.com/user/truebassist

    Sony DSR-PDX10 // Sony Wide Angle Conversion Lens 0.7x // Sony ECM-NV1 // RØDE NTG-1 // Dolly [coming soon]

    Adobe CS4 Master Suite // MacBook Pro Alu 2.4Ghz

  5. #5

    Default

    Thanks very much for this advice. Although the video is essentially just for the clients to look at in their own home I may use it as a sample film on my website which makes me particularly keen to sort out copyright issues. I'll take a look at the IOV and the PRS. Will I be able to get a licence when I don't actually know the names of the bands though?

    Quote Originally Posted by The Guru View Post
    Wrong, wrong wrong.

    If you go to Glastonbury and film a band with your mobile to send to your parents, you're infringing copyright law. If you use a camcorder to film a free concert in Hyde Park to show your siblings, you're infringing copyright law, if you film a small band in a record shop to show your friends, you're infringing copyright law.

    The ONLY time you're 100% safe is if (a) you own the copyright or (b) you have written, signed permission to use the material in a specified way. It's that simple.

    Since (a) does not apply in this case, you can get licences to use the material from the IOV (Institute of Videography) the PRS or various other institutions by paying a small fee. It's your decision as to whether you're going to pay this fee for a video which is only going to be seen by a few friends or just use the material and hope that you won't get caught.

    Ignore any half-legal phrases such as "not for payment" or "for domestic use only" they're just urban myths. Copyright law is one of those subjects which tends to bring out all sorts of half-remembered rumours, often being confused with using excerpts from written publications which has nothing to do with music rights. This doesn't mean that you're going to get your door kicked down and raided for copyright infrigement but be aware that it's a bit like speeding... everyone does it, very few get caught, but those who do end up paying a fine.

    Edit:

    I'm sorry if I'm being a bit blunt but this subject comes up a lot, usually followed by heaps of wrong advice. To make things absolutely clear, here's a quote from the actual legislation...

    It is an offence to perform any of the following acts without the consent of the owner:

    Copy the work.
    Rent, lend or issue copies of the work to the public.
    Perform, broadcast or show the work in public.
    Adapt the work.


    Fair dealing is a term used to describe acts which are permitted to a certain degree without infringing the work, these acts are:

    Private and research study purposes.
    Performance, copies or lending for educational purposes.
    Criticism and news reporting.
    Incidental inclusion.
    Copies and lending by librarians.
    Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes.
    Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as time shifting.
    Producing a back up copy for personal use of a computer program.
    Playing sound recording for a non profit making organisation, club or society.
    (Profit making organisations and individuals should obtain a license from the Performing Rights Society.)

    Urban myths...
    Please note that a private person may PLAY music but not USE the music. So editing the music into a video is NOT covered by the last paragraph. It means that you can play the CD in your living room or at a private party providing that it's not a commercial venture in any way. The term "Incidental inclusion" covers the interview made with a transistor radio accidentally playing a song in the background. If it can be proved that the music is deliberately included in the video, then you're breaking copyright legislation.

    The legislation can be downloaded and read at http://www.ipo.gov.uk/cdpact1988.pdf if you really have a long, boring weekend with nothing to do...

  6. #6
    Join Date
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    Have a look at the Institute of Videographers' website IOV | Institute of Videography : PPL Licences

    This is a way of paying £4 each for "stickers" which you put on your finished DVDs. There are restrictions as to what's covered and you have to buy a minimum of five but it's worth having a look...
    Follow the links on the IOV site to find out what you need as each case is different.
    Last edited by Rembrandt Rob; 07-17-2008 at 07:11 PM.

  7. #7

    Default

    Will do - many thanks again

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