I do so hope people read this.
A brief post about copyright law which should be of interest to any videographer.
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 choir in a church to show your friends, you're infringing copyright law. If you edit any music, to which you don't own the copyright, to pictures you are 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.
You can get licences to use the material from various institutions including the IOV (Institute of Videography) the PRS or various other organisations 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. If you're working in any way professionally, only a fool would illegally use material.
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.
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.
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.)
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...
A useful link for professional videographers is The MCPS-PRS Alliance which represents music rights. They can also issue licences for the use of music on commercial DVDs.
For those in the UK who video church weddings, can I recommend: http://www.wvrl.co.uk/ who will sell you, online, a licence to record in the church.
For those who sell DVDs, the IOV has a sticker scheme, whereby individual, holographed stickers are available for each finished DVD: IOV | Institute of Videography : PPL Licences
Last edited by Rembrandt Rob; 07-17-2008 at 07:13 PM.
I do so hope people read this.
For purpose of classification, what licences should a wedding videographer have before both filming a wedding and thed recieving payment for a number of DVD's. There seem to be a few out there but it seems difficult to truly understand what a good combination of licences would be. For example would a license from http://www.wvrl.co.uk/ cover all eventualities or should we also buy a PPL licence from IOV. If I was to buy both of the above would I also need a MCPS License from either IOV or AVP and so on. Can you ever over licence? Also when should the licences be brought? Should these be issued to anyone prior to recording i.e. the vicar iF so how far in advance do people recomend buying them?
The licences provided by http://www.wvrl.co.uk/ cover all eventualy:
Some vicars will ask to see a licence.
- The hymns and worship songs sung during the service.
- Any music or songs performed live while you are signing the register.
- Any music from a commercial CD, DVD or tape whilst filming (or over-dubbed afterwards).
- The performance of a live band at the reception.
- Any music played at a disco.
What is the main difference betweem the PPL iov licences and the wvl licence. Which one do most in the UK use? I',m guessing I do not need both but feel i may another licence if I get the iov one, am i correct in that assumption
From the IOV site
The IOV grants licences in the UK on behalf of PPL for the dubbing of sound recordings onto video tapes and DVDs of weddings, christenings, bar mitzvahs and other family, domestic and private functions, subject to terms and conditions and provided the appropriate licence fees are paid.
The key word here is dubbing.
As I read it, the license does not allow you to record live music (eg choirs, bands, organist) and "Incidental" music from the disco is a real opportunity for lawyers to make money
Last edited by TimStannard; 07-24-2008 at 09:24 AM. Reason: Correction
I just wanted to point out that while obtaining the correct license will make it legal to use the music being performed, you must get the permission of the musicians involved.
Obviously you guys would never do this, but I know of a number of cases where the performers have not been asked if they would mind being used in a video for sale and have subsequently flatly refused.
If musicians see you making a profit out of their work they can tend to get a little flustered but I'm sure they wouldn't mind if you just ask nicely
This is a great thread. I hope many will read it.
music licensing and copyrights issues can get rather complicated.
using music for any other use but private requires the right license.
This is exactly what we do on YouLicense.com. we have a huge variety of fresh, original and affordable music ready for licensing for those purposes.
Come check us out at www.youlicense.com
I find Garage band loops are a great resource
Rebelling Against Cheesy Wedding DVDs
So if you are only editing some tapes and add your music to those you will have to pay the IOV | Institute of Videography license which is 5 stickers per 20 pounds.
If you will go and film the wedding and there you will capture other songs or bands you will need to pay the http://www.wvrl.co.uk/ which will cover all forms of songs - also the one covered by IOV. This one looks to be a litle more expensive - 25 pounds per 5 DVDs.
Am I right?