sync licenses

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sync licenses

Postby earthlingirl » Fri Jan 28, 2011 7:51 am

I have recently started making sideshows up for sale for clients. I have run into the problem of people reminding me that music you choose has copyrights. Say I use a song by a popular artist. Does it make a difference if the client purchases the music and has me use it for their sideshow of their pictures or if I purchase it off of Itunes and use it? If they purchase it, does it take that off of me that i might be using the music illegally? I see many businesses using popular songs that I'm sure are copyrighted. Do these businesses have sync licenses? From what I have read these are hard to obtain and very expensive. I know there are royalty free places to purchase or get free music too. What does everyone here do? I'd like to make sure I'm not doing anything to get into trouble, or if it is illegal to use popular songs are the fines huge? I wonder because I see so many businesses using popular songs.
Thanks,
Tracy
Last edited by earthlingirl on Tue May 03, 2011 7:04 am, edited 1 time in total.

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Re: sync licenses

Postby BarbaraC » Fri Jan 28, 2011 9:06 am

Tracy, you've jumped into the hornet's nest. :D

As far as I know, if one person uses commercial music for the soundtrack in a show that only that person will view in his own home, it's legal, and even if it isn't, it darned well ought to be. When it comes to any other use, the kind where it's shown in public, licensed music is required. There's plenty of royalty-free music available, the volume of it and the quality of it increasing daily, so you might look into it, particularly since it's a whole lot less expensive.

I once upon a time tried to get permission to use a classic rock tune for a show I wanted to submit for the Photodex contest, which at the time had a top of prize of (if I'm remembering correctly) $200. I managed to contact the right people for permission, but they wanted $1000 for that one-time use. Spending a thousand to possibly make 200 was foolishness, so I didn't bother. The big names demand big money, but there are lots of excellent artists just trying to get noticed. Seek them out.

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Re: sync licenses

Postby earthlingirl » Fri Jan 28, 2011 9:08 am

I found some answers already looking at in business board and researching other avenues.
:D
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Re: sync licenses

Postby earthlingirl » Fri Jan 28, 2011 9:22 am

Thanks Barbara,

That does make sense. What if that person you make the video for makes copies or show it at a wedding or something? Then it becomes much more public with your name all over it. I wonder, if there is something that can be written having the client sign saying that it is for home/personal use only. Maybe for the following uses intended such as a wedding reception but can not be copied. If they spread it then it is not your fault. But still stands that question is it legal to make a private show, for a family to watch in their home using top - 40 music. I suppose no matter who it is for, using copyrighted music is not ok unless you buy the rights which are outrageous. But still, I wonder if something like that can be written up.
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Re: sync licenses

Postby BarbaraC » Fri Jan 28, 2011 10:18 am

You can't account for what people will do with a DVD once they've purchased it from you. Most of them don't even realize that they don't buy music, that instead, they're buying the right to listen to it only. It probably isn't worth it to test how far we can go before things are illegal, and besides, if you're looking at building a business, you want to stay as legal as you can. Safety first! :D

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Re: sync licenses

Postby earthlingirl » Fri Jan 28, 2011 10:36 am

thanks for your time Barbara.

It sure does get confusing when you see it all over the place, people using top 40 songs in their businesses, u-tube etc. But i agree, it is better to stay safe.

Thanks again,
Tracy
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Re: sync licenses

Postby debngar » Fri Jan 28, 2011 10:50 am

That does make sense. What if that person you make the video for makes copies or show it at a wedding or something? Then it becomes much more public with your name all over it. I wonder, if there is something that can be written having the client sign saying that it is for home/personal use only. Maybe for the following uses intended such as a wedding reception but can not be copied. If they spread it then it is not your fault. But still stands that question is it legal to make a private show, for a family to watch in their home using top - 40 music. I suppose no matter who it is for, using copyrighted music is not ok unless you buy the rights which are outrageous. But still, I wonder if something like that can be written up.
Tracy


There is a VERY OLD thread by Jennifer (VidQueen) that speaks of text she uses at the beginning of her videos that hopefully helps cover her behind.

This may be what you're looking for:

viewtopic.php?f=18&t=834&p=12659#p12659

It also helps to have something the client signs that you give them (and keep a copy yourself) explaining what they can and cannot do with the video. Extra copies made of the DVD could be deemed copyright infringement not only because of the music but also the pictures if another person created them and owns the copyright to those images.

If you bought a royalty free license to sync with the show, most TOU will say only you are allowed to make extra copies of that show, NOT the customer! The same goes for the pictures too. If they didn't take those pictures, ideally one should get written permission from the photographer to be able to use those images in the show.

Always check terms of use when purchasing license for your music and/or pictures to use in a show. They can vary from company to company, artist to artist, photographer to photographer.
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Re: sync licenses

Postby AMD » Fri Jan 28, 2011 11:12 am

Tracy,

I feel your "pain" when it comes to music for slide shows for which you are receiving compensation. There have been multiple postings on the Forum regarding this issue and the ones that have resonated with me are those that reminded me that the use of copyrighted music enhances and adds value to a show for which you are receiving compensation--which makes it inherently illegal to use it, for sure.

I am "royalty-free music poor" and still find music to be my biggest frustration and issue when completing shows. Just recently I completed a quite long retirement show and used royalty-free music. The show ran continuously through most of the retirement event and was received exceptionally well. I had offered to replace the royalty-free music with the retiree's favorite copyrighted music only for his own enjoyment and only because he was the husband of a good friend. I was pleasantly surprised when he declined my offer saying that he felt the music I had chosen went much better with the show than his favorite copyrighted tunes would have. In fact, I ended up being rather pleased with the several royalty-free tracks I had chosen. I knew that he liked guitar music and chose royalty-free tracks that had a lot of guitar in them.

I use copyrighted music that I normally download from Amazon.com MP3 downloads as well as some others in my own library for my family's private slide shows, however, when I feel the need. When making shows for others, however, I am sticking to the legal licensed music.

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Re: sync licenses

Postby earthlingirl » Fri Jan 28, 2011 12:05 pm

Thank you Debbie and Ann,

It seems that this comes down more to a choice. I could use copyrighted material if the client provides the material and I do a written form or slide on the show as the example above from the old message, or use royalty free music and not worry about anything. However, and I do believe this to be true, that your chances of them coming after you for a couple videos is not worth their time, also stated in that old message.
Now, I have heard a lot since I started this endeavor, to be very careful not to use copyrighted material from varies places, from groups to people messaging me specifically to let me know, while watching many business do it themselves,which actually is the reason I had become so confused.

There really is a fine line. If they were to attack one business, would they not then attack all of them? It is not like anyone is hiding it.

I suppose I agree with Ann, use copyright material for friends and family and royalty-free for clients you don't know. But then, like Ann said, what if they want copyright material? You may just loose your business to someone else who will do the song.
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Re: sync licenses

Postby BarbaraC » Fri Jan 28, 2011 12:20 pm

I've done some infringement of my own by using commercial music in shows I've shared here on the forum, but when it comes to making money using another person's hard work, that's just not right.

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Re: sync licenses

Postby Al Johnson » Fri Jan 28, 2011 6:21 pm

Hi Ann,

I too am constantly looking for great quality legal music, and was excited to hear about your client having been so impressed with your royalty free music selection. I'm new here and not sure whether this is allowed but I'd love to have some references for high-quality RF music. The ones I've been using so far have had varying degrees of quality. Some are of really high-quality production values, some just not that good. So I'd love to have a couple of providers I can go to anytime. Point me in any direction :)

Thanks,
Al.

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Re: sync licenses

Postby gpsmikey » Fri Jan 28, 2011 7:22 pm

If you search the forums here, you will find a lot of good info on royalty free music. Digital juice has a lot, stock20.com ( http://www.stock20.com/commerce/index.php ) has a bunch as well as places like shockwave sound ( http://www.shockwave-sound.com/index.html ). There are also a number of ones like Smart Sound that have sound tracks you can customize to fit your needs ( http://www.smartsound.com ). Those are just a couple of the ones out there. There are many more.

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Re: sync licenses

Postby AMD » Fri Jan 28, 2011 8:27 pm

Al,

For the retirement show that I just finished I used several tracks since it was quite a long show (37 minutes, in fact). I used a couple from my SonicFire collection, some from DJ Staxx Trax, and two from Kevin MacLeod. All but one had guitar as a main instrument.

As I mentioned, I have scads of royalty-free music but it tends to pale if one compares it to most copyrighted popular tunes that we all know and love. It seems that I spend more time searching my inventory and the Web looking for the perfect piece or pieces and am forever ordering more--some of which I seem to quite easily forget I have. I must admit the SonicFire is really handy since it is on my machine and can be easily referred to and one can determine the exact length needed. Kevin MacLeod has a couple of pieces that I really like and have used a couple of times. He is most generous and asks only for credit and accepts donations.

SonicFire does have about four or five vocal albums, also, and ran a sale on them just recently. NVM Digital Music also had a nice downloadable album at a great price last year that had a couple of good tracks--one that I really like except it sounds as if it was recorded with an open mike which really hurts its quality. Other than that track--which would have been my favorite--the quality of the others seemed to be fine. I have also ordered some royalty-free albums from Amazon.com which were inexpensive but just so-so.

I continue to follow any leads given on the Forum and to Google royalty-free music quite often.

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Re: sync licenses

Postby Al Johnson » Fri Jan 28, 2011 8:38 pm

Hi Ann (and Mikey),

Thank you for the quick response. I've Googled the ones you've mentioned and am looking thru them now, yes some good tracks there. Thanks a bunch, this really helps.

Seeing that royalty free music is supposed to be a cheaper alternative - in that we can't / don't look at the commercial tracks because of the costs associated - what should I expect to pay *per track* on average? I understand that most of these come in packages, e.g. bundled CDs, bundled downloads...etc. But is a $10 to $50 per track range be where it's about at, with varying degrees of quality? And some Creative Commons give-credit-and-donation-type deals available. It that about right, or can I get reasonable quality music for even lower than that?

Any iTunes-like 99 cent options available - or at least a few bucks? But for commercial purposes of course, unlike the commercial albums that prohibit these kinds of usages...

Thanks again for the very useful info.

Al.

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Re: sync licenses

Postby gpsmikey » Fri Jan 28, 2011 8:52 pm

Some of the ones like SonicFire (SmartSound) are hard to really fix a price on - they have their "SonicFire" application where you can select different combinations and moods as well as track length from the same basic track - essentially creating multiple similar tracks from one selection (check out their tutorials - http://www.smartsound.com/sonicfire/tutorials.html ). Smart Sound also has periodic sales where the prices are quite a bit less than the normal price - get on their mailing list. Others like the stuff from Stock20 or Digital Juice will come with maybe 4 or 5 different length versions of the same track (10s, 15s, 30s, 60s, 120s and full length for example). Kevin MacLeod has some good stuff too for free - the only requirement is that you give him credit in your production when you use his music.

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