Bride Provides Her Own Favourite Song

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Bride Provides Her Own Favourite Song

Postby ozphoto » Tue Mar 27, 2012 6:55 am

If a bride requests a favourite song of hers and she provides it, can you then create a slideshow for sale as part of her wedding package?

Assumptions are that only one disc would be created for personal use, if she makes copies I have no control over this and I would assume she also paid for the song.

Or will these assumptions get me into trouble?

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Re: Bride Provides Her Own Favourite Song

Postby gpsmikey » Tue Mar 27, 2012 9:18 am

The "correct" answer is probably d) Or will these assumptions get me into trouble?
That said, it depends - if her favorite song happens to be one a friend has written and played for her AND given her permission to use, then that would be legal. If it is simply a "favorite" from a CD or something, then you would be in violation of the licensing for that music (and it is highly unlikely she has managed to pay the artist or whomever the appropriate fees ... she would not have been able to afford the wedding. Will you get in trouble, probably not, but if you do some searching here on the forums on "royalty free music" or "copyright music" you will find lots of information. In general, from a legal standpoint, even if you tape a wedding and there is a DJ there playing music, you are in violation of the licensing if you sell the video to the bride with that music on it. Yeah, I know, but remember there are lots of lawyers and $$$ (which is what brought the lawyers in) involved. You are probably legal pounding on a log in your back yard, but anything else seems to have lots of strings attached. Check out the other threads here and you will see what I mean. Unless you use royalty free music within the terms of the license you get it under, you head quickly off into the quicksand.

Here is a link to the most recent thread on this issue:
viewtopic.php?f=14&t=20001

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Re: Bride Provides Her Own Favourite Song

Postby DickK » Tue Mar 27, 2012 2:26 pm

Possibly but probably not, but only a lawyer could render a legal opinion about it. Be SURE you include specific language that states that you accept the music only on the condition that the provider has obtained full rights and you take no responsibility for that (or other language with similar intent). No assurance that will protect you in court but it at least gives you a defense to stand on. The issue of the "fact of" of infringement (possible with or without your knowledge) is different from who's responsible legally for the infringement if there was one. Technically only a judge can decide either one but that latter part is what you are hoping to avoid.
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Re: Bride Provides Her Own Favourite Song

Postby ozphoto » Wed Mar 28, 2012 7:20 am

Thanks for the advice, I will of course try to persuade the bride to get a creative commons song in the right category for her show as the best approach or provide proof the song was purchased by her or get her to sign off on it that she purchased it and that the disc is only for personal use and must not be copied.

Which leads to another issue, is there a way to copy protect either a DVD or BD for the average client?

I know it can be broken but at least you made an effort to protect it.

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Re: Bride Provides Her Own Favourite Song

Postby Ron » Wed Mar 28, 2012 7:49 am

know it can be broken but at least you made an effort to protect it.

I personally don't worry if a client copies a show I made for them. My charge to them covers those worries and I try to gently push a couple of additional copies at time of ordering, which happens more times than not and leave it at that.
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Re: Bride Provides Her Own Favourite Song

Postby gpsmikey » Wed Mar 28, 2012 7:50 am

"Which leads to another issue, is there a way to copy protect either a DVD or BD for the average client?"

Not that I am aware of - the commercial copy protection schemes out there are expensive last time I saw a discussion about them and besides, there are numerous ways around them anyway. When I have seen this discussion in the past (over in the Sony Vegas Forums for example), in general the consensus was not worth the cost/effort. I don't think that has changed.

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Re: Bride Provides Her Own Favourite Song

Postby DickK » Wed Mar 28, 2012 8:18 pm

ozphoto wrote:... Which leads to another issue, is there a way to copy protect either a DVD or BD for the average client?

I don't do shows as a business, but I think even trying is bad idea--it won't work and it's just going to alienate some customers. If they want copies, offer them at a reasonable price -- your value add here is a nice label and packaging. If they want to copy it, ignore it. With any luck your imprint on the copies will trigger a new client or two. Yes, technically, you own the copyright on the show and you can object to it, but I think it's a losing proposition.

Personally, I'd never buy from someone who tried that, in fact, I'd make transfer of at least limited rights a condition of the contract in the first place--but I'd also be likely to buy multiple copies up front and maybe come back for more, provided your price was reasonable and there was value in coming back to you.

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Re: Bride Provides Her Own Favourite Song

Postby gpsmikey » Wed Mar 28, 2012 9:04 pm

Which is another excellent reason to keep an ISO of the show on your system - makes it very easy for you to run off another 10 copies if requested a month from now 8)

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