music track on wedding clip! - Page 3

Mark W · #21 (**permalink**) 01-15-2008, 02:15 PM

Take advice is wery good advice.

MOSH · #22 (**permalink**) 01-16-2008, 01:34 PM

I'm confused by you chuck.... You keep giving some good advice, but you seem to always contradict it in the same post?

Originally Posted by Chuck Engels

I rarely use iTunes for music purchases due to their more strict usage agreement. The music is purchased by, or on behalf of, the ultimate owners of the DVDs. Under the section of the terms you site above a user would not even be able to transfer the music to their iPod, that wouldn't be very good of Apple now would it?

This is a long, on going debate among many people, organizations and companies. At some point it might get straightened out to everyones best interest and so everyone actually understands the many agreements, laws and users rights. My point at the beginning was, 'Don't use music you shouldn't be using, that you don't pay for, or don't have the rights to use'. If that means you need to buy distribution rights to the song then you should do that.

It is up to each of us to look into licensing and make decisions based on the findings.
If anyone bases their decision on what I say alone, they are idiots, just like anyone that bases their decision on only what any one person says. Ignorance is no excuse in the eyes of the law, and 'Chuck said' is even less of a defense

If you look at the iTunes licencing it states that you can put it on your iPod...

"(iii) You shall be authorised to use the Products on up to five devices (such as a computer) with the iTunes application installed at any time.

(iv) You shall be able to store Products from up to five different Accounts on certain devices, such as an iPod or iPhone, at a time.

(v) You shall be authorised to burn an audio playlist up to seven times.

(vi) You shall not be entitled to burn Video Products.

(vii) You shall be entitled to export, burn (if applicable) or copy Products solely for personal, noncommercial use." - iTunes

if you find this confusing then I'm genuinely worried for you, as music Licencing is pretty much black and white. The general gist being, don't use music that's not created by you, for commercial purposes, unless you have permission from the writer, composer and music publisher.

Buying a cd or a track from a website/itunes does not give you such rights or permission.

check out - Music for Products
- Creative Commons

In regards to the 'youtube' argument. The users aren't directly making profit from the service, so technically only using music/video for private use. It is youtube who are responsible for the broadcasting of the content, and when a copyright violation is reported to them by the copyright owner, they do remove the video(s) in question. They then use the 'We told them not to put it up' get out clause. .. and everyone's happy. The only reason there is so much copyrighted is because the copyright owner has't found it, or (at least in my case) can't be bothered to pursue it, because it gives them publicity. (people asking who's that song by? etc)

Chuck Engels · #23 (**permalink**) 01-16-2008, 04:14 PM

(vi) You shall not be entitled to burn Video Products.

This would tell me that there wouldn't be a question about the YouTube usage, it is simply illegal also.

I have already said, I don't agree with many of the licensing laws and user agreements. I do appreciate the clarification of some matters, but I don't like iTunes for music. Their license is much more restrictive than some of the other download sites.

(vii) You shall be entitled to export, burn (if applicable) or copy Products solely for personal, noncommercial use." - iTunes

I believe the above statement to be the one that causes most of the confusion, it seems to contradict their other statements, at least in my opinion.

When I edit a Wedding Video, I am acting on behalf of the Bride and Groom to produce a video of their event. I am provided the music for their personal use, they are not using the music commercially. I am sorry if you don't agree with me but that's the way it is. I do not shoot weddings, I only edit them. I get paid for editing the video, that's it. They can have whatever music they want as far as I'm concerned, they won't be selling the DVDs.

Now if I did a wedding video for Brittany Spears or Paris Hilton would I do it differently? You bet

MOSH · #24 (**permalink**) 01-16-2008, 05:03 PM

Originally Posted by Chuck Engels

(vi)

When I edit a Wedding Video, I am acting on behalf of the Bride and Groom to produce a video of their event. I am provided the music for their personal use, they are not using the music commercially. I am sorry if you don't agree with me but that's the way it is. I do not shoot weddings, I only edit them. I get paid for editing the video, that's it. They can have whatever music they want as far as I'm concerned, they won't be selling the DVDs.

It's not the camera guy's concern as to what music the editor uses anyway...

The point here is that YOU are using the music for commercial gain. It is YOU who is providing the content, basically selling music that you have no right too. That is the illegal part. The Bride and Groom have nothing to do with the music rights of a video put together for them. As the content provider, it is you who must adhere to copyright law.

If you use copyrighted music without the correct licence, and charge for your service, you are breaking the law. The only way around this is for you to work for free.