This may be a standard "don't touch it with a barge pole" licence question but it's a slightly different perspective to before so will ask away anyway....
I've been asked to produce video of some proffessional sports for web distribution. During the course of the matches I know for a fact that there will be some music played over a tannoy system at the venue. Think Gladiators and having blasts of "Another one bites the dust" from Queen played when someone takes a pasting. That kind of thing - no full songs though.
That the event organisers have rights to play the sound bites at the venue on match night is a given but I'm not sure if those rights allow me to record that music through videoing the games - much the same way a wedding videographer needs rights to film the first dance and 'capture' the music as well right?
Hopefully it is covered so what paperwork should I ask for before I start videoing? I'm presuming that a "we take all responsibility" letter would not be enough to protect me if it ever came to it.
If it was for personal or local use (i.e. video analaysis for team training) I would just do it but as it's for web distribution it would definitely be traceable back to me.
There's a section which talks about exemptions, one of which is the term "Incidental inclusion." which means music accidentally recorded in the background of the main event. It doesn't cover music at discos and such because they're an integral part of the event. It does cover the shot in the street when a car goes past with music blaring out, providing it's not in any way deliberately recorded but rather "incidental" to the main recording.
I honestly don't know whether those fanfares could be classed as "incidental"!
A letter from the organisers stating that they have paid for the rights to include the music in video productions would cover you but a letter where they just say that they'll take responsibility won't.
The more I delve into this topic (not my idea of fun, just fed-up with all the false myths which seem to be going around) the more I realise that the legislation is actually quite simple...
All forms of music recording are not allowed, unless you have specific information to the contrary!
Last edited by Rembrandt Rob; 07-26-2008 at 12:22 PM.
A general commnet about this stuff.
It saddens me that the whole notion of rights has become a creative muzzle for the small guy.
Rights should protect creators, artists, but it seems to me the whole system has become lost in a frenzy of accusations and abuse of process.
Production companys may be able to employ legal bods and legions of staff to make sure it's ok to show a pair of trainers or a picture on a wall or a snatch of a tune but can we? I cant.
I am not giving advice as my practice is to just make films. Easier for me cos I rarely sell anything and I refuse to have beligerant rights owners suffocate my creativity, such as it is.
Again a general comment - the world of inforamtion technology is changing fast and rights ownners, often Big Corps, need to change too.
" Home taping is killing music " - remember that... well it didnbt and nor will the internet or auteurs meking thier films.
sorry to be so late getting back on to this thread...
Guru - my point exactly. Themusic being played, although small soundbytes is part of "the show" so I do not beleive it can be categorised as 'incidental' - it's for exactly that reason I thought I would ask the question becaue it didn't quite match the profile of Guru's other post on the subject.
i think I'll adopt the "prove to me you have permission or I won;t video it".
There is a training day (I knew I could get a movie title into this thread sooner or later) to show us "designated camerpersons" how to video the game run by the web site showing the stuff. (sportuk.tv - exclusive high quality sports video). The idea is to show us camera angles and stuff I reckon and maybe what format to send them the footage in. I'll ask them about the licencing issues as well.
Btw Mark, this training day is 13th Sept in Bristol. your neck of the woods if I remember right and I seem to remember i owe you a coffee from when we (and Guru) put the World to rights at the video forums