Copyrighted music

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Re: Copyrighted music

Postby BarbaraC » Mon Mar 26, 2012 12:57 pm

Simplicity: If it isn't royalty-free, don't use it. If you haven't read the terms of use for that music, read them.

Consider this: If your neighbor spends months creating a sculpture, and you wander over, take it, and stick it in your front yard but you aren't selling it or charging an admission price, does this mean you didn't steal the sculpture?

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Re: Copyrighted music

Postby DickK » Mon Mar 26, 2012 5:11 pm

The difference is that I don't deprive the neighbor of the something by illegally copying it or using the copy in some way.

:idea: Now if I used my StarTrek(tm) replicator and get a molecule-for-molecule copy of the statue, that would be the equivalent issue and equally fraught with a tangled web of legal issues. Which, no doubt, is why we don't have the replicator--it's real, but being supressed by a conspiracy of the companies who'd lose out on the rights issues. :roll: :)

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Re: Copyrighted music

Postby BarbaraC » Tue Mar 27, 2012 3:55 am

What's the difference between absconding with an object as opposed to an idea? Isn't the intent identical--to get something for nothing?

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Re: Copyrighted music

Postby proullard » Tue Oct 09, 2012 1:45 pm

When I produced multi-image shows at Brooks, while I was student there in the early 1990's, I was told by my instructor that even though my shows were not for private viewing, I had to write the producer of the album asking for permission to the music. I wrote American Grammaphone several times asking for permission to use several cuts from the Fresh Aire albums. American Grammaphone gave me permission with no problem to use the music after I told them that the presentation would was not for public audiences and I was not charging people to view the show.

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Re: Copyrighted music

Postby BarbaraC » Tue Oct 09, 2012 2:39 pm

I've had parallel experience with a musician I wrote to whose music was perfect for a charity show I was doing. I told him it would be seen in public venue, albeit limited, and that furthermore, copies of the DVD would be sold, all proceeds going to the charity. He gave permission. He also seemed especially pleased that someone actually asked him for permission.

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Re: Copyrighted music

Postby DickK » Tue Oct 09, 2012 3:34 pm

AG is a small enough outfit that I'm not surprised that they'd do that. And because it's the publishing arm for Chip Davis and crew, they actually hold the rights on behalf of the musicians. That's not typical of the publishing companies but it's refreshing to learn that there's someone around with a bit of common sense. I like their stuff, too, and own most of the catalog.
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Re: Copyrighted music

Postby dee.2363 » Fri Jan 18, 2013 9:56 am

I too have been baffled by this subject but I think I understand now. Posting music on the public domain conflicts with writer's copyright. So use for advertising is out. If a disclaimer is put on distributed dvd however, to the effect, "This dvd is for private use only" or words to that effect, that's ok. Private use is ok, it's when the track is put out into the PUBLIC DOMAIN. I think also a track I have bought say, from i tunes can be copied up to 5 times. Hope I've got that! ... and yes, I too will peruse that link! lol... Thanks, Denise (new poster)

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Re: Copyrighted music

Postby gpsmikey » Fri Jan 18, 2013 11:10 am

The trick is to understand it is not how YOU interpret it but how the bored attorneys for the big music companies interpret it. Being right doesn't mean you can't end up in court if you attract their attention (and their pockets are MUCH bigger than yours :evil: )

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Re: Copyrighted music

Postby BarbaraC » Fri Jan 18, 2013 11:38 am

Welcome to the forum, Denise!

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Re: Copyrighted music

Postby Tom » Sat Mar 16, 2013 4:13 am

As a photographer when doing clients photo or video dvds I have to purchase a licence as most music on dvd's or on tv are copyright this Licence I have to get for each clients video /photo dvd's I produce that way it covers me.
As an after thought also why I buy a licence from the performing Rights Society is should the client use the music on the Photo dvd or video DVD for a party or publicplace I have covered myself! there is no comeback Hopefully fingers crossed :lol: I do state that the music contained in the photo DVD or video DVD remains the remains the property of their respective owners
and that I use the music contained under Licence.and that the DVd 's/Video are intended for home use only!.
Last edited by Tom on Thu Jul 25, 2013 2:30 pm, edited 1 time in total.

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Re: Copyrighted music

Postby MemoryMagic » Sat Mar 16, 2013 11:12 am

Hmmm .. but I think we are missing something here. I know, there's always a huge debate about copyright and I totally get that artists need to be compensated.

But if you aren't actually SELLING the slideshow, and you aren't putting it up on your private business website; why can't you just upload your video (as is) to YouTube and then share it to your facebook wall? Your friends and family would be able to see your shows. Correct me if I'm wrong, but I don't think Facebook monitors or regulates anything from Youtube.

Youtube would tag it as in violation of copyright but it's not like you need a clean slate anyways, right? You aren't selling anything. A cajillion people do exactly that every day and I just don't think its worth worrying about. Record labels aren't going to go after some random man that posted copyrighted music on Youtube with some pictures of his kids.

I think it's only the people that SELL their creations that need to be concerned about this issue, the ones that make a profit from it. OR ... I guess there is the concern that if your video went viral (which I guess is a possibility) it might be thrown into the spotlight then and MAYBE something would happen. But wow ... this entire thing is overblown. You'd think the artists and record labels would be happy that people want to promote their products. It's free advertising!!!

If you do decide to do it, I'd make a slide at the end of your show, clearly stating who the music is by and what the name is - and say "Thanks!!!!" also post it in the description ... but don't sell the show when you are done.

That's just my two bits worth...

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Re: Copyrighted music

Postby BarbaraC » Sat Mar 16, 2013 11:34 am

Lori, it's not necessary to make money from someone else's work to be in violation of copyright since money isn't the only issue at hand here. The placing of work in public is the right of the creator of that work, not anyone else's. What if, for instance, you had a copy of a friend's lovely photo of a barn, and then without first asking permission, you placed the photo on your Facebook page, thinking all was well because you gave your friend credit for the photo? If I were that friend, I'd be pretty darned upset with you. Multiply this by the talent and hours (days, weeks, etc.) it can take to create music, and you might begin to understand the kind of wrath the artist might feel.

Yes, we all periodically break copyright law in our private slide shows. It's certainly rampant on the Photodex site, but we shouldn't do it there either no matter how private a place it might seem. And YouTube? Copyright infringement all over the place, but that doesn't make it right.

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Re: Copyrighted music

Postby MemoryMagic » Sat Mar 16, 2013 12:03 pm

Really? I wouldn't be mad at all! I would be happy that someone wanted to share my work with others. If they put it up and then said they took it, THEN I'd be mad .. but not if they were just sharing it and saying how lovely of a job that I did! Especially if it meant that someone else might come along, see it and then want to buy it from me!

I didn't mean to say that it wouldn't be in violation. Yes, it's still in violation. But I think that's why YouTube started tagging instead of deleting copyright infringes. At one time, didn't they just force you to swap out the music? I can't remember. Regardless, we've all seen tons of examples that suggest that this is in fact tolerated on YouTube. But you are right, and even so the tolerance does not make the activity legal. If YouTube receives a copyright infringement complaint from the publisher/artist of the song, it may take down your slideshow or give you a copyright strike. And after multiple strikes, your channel will get deleted. So, posting without the proper licenses (including the synch license) means you risk losing your channel. It also opens you up to the possibility of a lawsuit for copyright infringement.

My point was just that I don't think it would be a very LARGE possibility.

However, when I re-read the very first post about this .. I realized that maybe he DOES intend to sell his shows and it only started out with videos he wanted to post on his wall of his kids ... which of course erases everything that I've said. Sheeeesh ... it's a crazy world indeed.
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Re: Copyrighted music

Postby BarbaraC » Sat Mar 16, 2013 12:49 pm

You just can't judge how others might feel according to how you feel, and of course, asking is always at the very least the polite thing to do.

I'm not sure, but I imagine YouTube still strips copyrighted music out of videos. However, when it comes to YouTube, I bet they just can't keep up with all of it. I mean, think about just how big the place is. :shock: The larger problem with YouTube is a specific agency that lays claim to anything and everything that's classical. Kevin MacLeod has had a number of bouts with them over this, and I've run into it a couple times. The agency backs right down when they're faced with the truth, but it doesn't stop them from doing it the next time.

Because music is so difficult for people who are just trying to make a happy little show to please themselves, family, and friends, I decided to take the prices off my own music and allow folks to download it for free, though there are a few minor stipulations. I retain the copyright, of course, but people can even use it in shows they do on commission. I mean, really, just how many of the ProShow folk are going to take a show with my music and place it on TV? (Forbidden in my terms of use just in case. :D )

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Re: Copyrighted music

Postby MemoryMagic » Sat Mar 16, 2013 2:14 pm

Oh, that's right!! You have music on your site as well, in fact I think I've purchased some Christmas music from you before. I remember the pricing was very reasonable and it was perfect for the show I was doing. I didn't realize that you no longer charged for it.

And I always wondered about that .. did you create the music yourself then?
"I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them FEEL" M. Angelou"

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