Using copyrighted music for commercial productions

Mark W · #1 (**permalink**) 01-17-2008, 02:40 PM

It's an interesting discussion - desrves it's own thread.

Mark W · #2 (**permalink**) 01-17-2008, 02:58 PM

Just about any use of a piece of music that goes beyond you listening to it in a locked room at night under the bed covers is likely to be in breach of something - for me that shows how silly all this has got.

The whole idea of 'rights' was meant to protect the rights of an artist to profit from thier work - unfortunately rights are traded like a commodity so the rights usually end up protacting Sony, or mgm and so on. I think thay are still managing to pay thier bills...

I feel no guilt at limewiring like a madman most weeks. Last week I purchased 3 dvds - one 'the krays', I watched a torrant of last week. No torrent - no purchase. The industry needs to wake up and get a grp and embrae the new world - home taping didnt kill music, betamax didnt kill hollywood, and the internet doesnt mean the end of the world....

Having said all that anyone who uses stolen (and I use the term advisidly) music is a fool to use it commercialy. In the unlikely circumstance that a rights holder sued (and this happens) your customer you would look a bit silly and probably never work again....

The clincher for me is that poular music is a cultural artifact and as such becomes a posession of that culture - once that happens no amunt of legislation will stop people sharing - thay always have and they always will.

Artists, rights holders and record companys are beginning to see the light and adapt to the new world, slowly.

Personally I am flattered if people sample from my work but if they dont give me a credit I am likely to despatch assasins.

Chuck Engels · #3 (**permalink**) 01-22-2008, 10:13 PM

I just want to add one more thing to this topic and maybe get some feedback.

I work for individuals and a couple of production companies in town.
I have one condition, they must provide me with everything they want on the DVD.
When the job is delivered to me the box contains, photos or Photo CDs, Music with a list of what songs they want for each chapter (8 chapters total, 3 are the ceremony so no extra music there), video on minidv tape which I capture.

I edit the video, create a couple of slideshows/montages, add the supplied music, create a DVD face graphic and a DVD Case insert graphic and provide them with 5 copies of the completed DVD. This is 90% of my work and I don't have anything to do with selecting or purchasing the music. My contract states that I am not responsible for any content on the DVD, music or graphics, supplied by the customer.

I suppose this is a kind of 'Don't ask, Don't tell' kind of attitude but if I don't do it someone else will. I truly don't feel I am responsible for the content when it is provided for me and I am instructed what to do with it.

In the event that I provide material, usually only for relatives, friends or non profits, and not for profit on my part, I guess I will just take the chance. What is the penalty for distribution of 5 copies that include maybe 60% of a song, most of the time I don't even use the complete song. I do get lots of royalty free music from muvipix.com and that helps with most of my projects where not enough music is supplied by the customer.

Marc Peters · #4 (**permalink**) 01-23-2008, 09:23 AM

I understand that you (and not your client) are responsible for ensuring the relevant royalties are paid.

Z Cheema · #5 (**permalink**) 01-23-2008, 03:59 PM

Correct I am afraid that will not work, just because they supply it, is nether here or there you actually copied it.

If it is for Wedding or private function the licence's are very cheap now and not the hassle of not purchasing, look at the IOV | Institute of Videography site on the costs and how to obtain the right license's, MCPS - £17per wedding (5 copies) £4 for the PPL per DVD, so not really worth not doing. All can be purchased on line.

Marc Peters · #6 (**permalink**) 01-23-2008, 07:57 PM

And those charges are simply passed on to the client.

guitarfaces · #7 (**permalink**) 06-30-2008, 05:39 PM

Bringing up a long dead thread, I realize:

This has become a concern to me now that I'm actually beginning to do paid work more frequently. Using copyrighted music still seems like my only option - here in the states, there simply are no affordable alternatives to licensing music. Sure, I can use royalty free or amateur music, but most of it is rubbish, and what music I can find that isn't awful can only go so far when every other video service will provide whatever music the client requests.

It's a shame that there isn't a way to get an affordable license. I'd love to do things the legal and "ethical" way, but it just isn't an option.

Mark W · #8 (**permalink**) 07-03-2008, 06:53 PM

Legal and ehtical is the only option for a professional.