Client Request for Copyrighted Music

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Client Request for Copyrighted Music

Postby web_bruin » Wed Nov 21, 2012 1:30 pm

I would like to start a small slide show business, however, my main concern is how to satisfy a customer that insists on using copyrighted music, which I assume most clients would prefer. In researching other businesses online, most indicate that the client furnish the music and sign a contract stating they own or have the rights to the music which I'm not sure is legal. Do you turn this type of client away so they can go to a competitor who will use the copyrighted music? How does one handle this without diminishing business? Are there sites that offer royalty free music that is popular? Many sites I've visited offer music that sounds like its from another planet. Many thanks.

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Re: Client Request for Copyrighted Music

Postby DickK » Wed Nov 21, 2012 6:40 pm

There are many iterations of this question here in this section and in 'Odds and Ends.' The threads are long and cover exactly the issues you're up against. Suggest you take a look and then ask questions if you don't understand. One place to start is here:

viewtopic.php?f=8&t=8583
viewtopic.php?f=8&t=8758

but there are others and a couple of them have even more info.

This section has lots of discussion of music sources as well.

Quick version:
-- using copyrighted music without a license will infringe the copyright, period, end of story.
-- as the production agent you're on shaky legal grounds and only lawyer can advise you if your contract will protect you
-- the issue is not "royalty free" or the price of the music, the issue is whether you have permission (a license) to use the music the way that you intend to; failure to have that can have legal consequences for you

Dick

Disclaimer: This information is the opinion of it's author and does not constitute legal advice of any kind. Risk associated with the use or misuse of this information is entirely the responsibility of the reader. If these issues are important to you, consult an intellectual property rights attorney.
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Re: Client Request for Copyrighted Music

Postby web_bruin » Sat Nov 24, 2012 11:12 am

Thanks Dick. I recently called several Funeral Homes in my area asking if they have the need for memorial shows. Several told me they use two local companies in particular. When I viewed those websites, it appears that they are very commerical video businesses. They state they use only legally purchased music, i.e., they buy the music from iTunes and charge the client, or the client provides the music. They also have a list of many, many songs by popular artists that I highly doubt they have a license to use. I would be interested in knowing members' thoughts and personal experiences on how one can successfully compete against that.

I am also aware of many of the sites offering Creative Commons music, but does anyone have a favorite site that offers popular music, be it vocal or instrumental? I don't mind paying a higher fee for music that is recognizable and usable. Thanks again for your help.

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Re: Client Request for Copyrighted Music

Postby debngar » Sat Nov 24, 2012 11:34 am

As Dick said, read what has already been posted regarding this subject. The answer is the same whether read via the archives or reading what someone would have to re-type all over again ad naseum. The threads' subject matter should help you find long lists of websites with music to listen and look through.

Searching archived with key words might also do the trick - use something like this:

+music +link

Words must have a plus in front of them along with a space separating each word to get it to work decently. Then pick "Music Discussion" section to further hone the search.

Some Creative Common licenses are useable commercially (in projects where you're charging money, etc) others are not. I recommend reading the license (Terms Of Use) that comes with every piece of music before purchase as they vary from song to song, artist to artist, website to website.
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Re: Client Request for Copyrighted Music

Postby DickK » Sat Nov 24, 2012 12:39 pm

web_bruin wrote:...They state they use only legally purchased music, i.e., they buy the music from iTunes and charge the client, or the client provides the music. They also have a list of many, many songs by popular artists that I highly doubt they have a license to use. I would be interested in knowing members' thoughts and personal experiences on how one can successfully compete against that.


No one can tell you what to do--a lawyer can advise you on the legalities, we cannot. Nor, without more information, can anyone comment on the ethics or legality of what they do. What we can share is our understanding of the requirements to stay legal and ethically clean. If doing so means you don't feel that you can compete, then you'll have to decide what that means. You can decide to take the risk, or not, but you need to understand the risk before deciding that. Be cautious here because what they do or don't do will have no relevance in court and be careful how you create your business so you don't end up personally liable.

The heart of the issue is this: what someone else does is of no significance--maybe they're doing everything correctly and maybe they aren't, but what they do won't protect you.

Dick
"It is the mark of an educated mind to be able to entertain a thought without accepting it." Aristotle ((PSG, PSE & Fuji HS20 user)) Presentation Impact Blog

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Re: Client Request for Copyrighted Music

Postby gpsmikey » Sat Nov 24, 2012 2:38 pm

It's like the typical football game - someone moves and everybody on both sides points across the line claiming the other side started it. Doesn't matter who started it, only who the ref (lawyer) saw :twisted:

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Re: Client Request for Copyrighted Music

Postby gpsmikey » Sat Nov 24, 2012 3:06 pm

Forgot to mention (this came up in an article in Videomaker magazine a while back if I remember correctly). If you use video from the wedding in your show (from the reception for example) and they had a DJ there playing popular music for the dance, legally, you can't use the audio track in your show - the DJ would have had (hopefully) a license to play the music at the reception, HOWEVER, that does not give you the right to use the music (which was captured on the video) in your show.

Here are a couple of links worth reading:
http://www.videomaker.com/article/3651
http://www.videomaker.com/community/for ... dj-service
http://www.videomaker.com/community/for ... omo-for-dj

There is not a simple answer other than to say, you don't want the legal folks to decide they want to go after you - you lose :cry:

mikey
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Lots of PIC and Arduino microprocessor stuff too !!

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Re: Client Request for Copyrighted Music

Postby stickgirl » Sun Nov 25, 2012 6:18 am

You may also want to read this -

http://fstoppers.com/news-wedding-photo ... onary-tale

Kathy

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