I'm considering starting a slideshow business mainly targeting memorial slideshow work for funerals but I want to be legal when it comes to the music. Here in Australia copyrighted music is allowed to be played during a church service such as a wedding or funeral even if the service is held outside of the church, ie in a park or other venue. That's great, I'm over one hurdle but the family wants copies of the dvd slideshow to share with other family members as a rememberance which is great for me because I charge for copies but this really would be breaking copyright laws.
My plan of action against this is to purchase the music from iTunes for the customer (using a unique email and apple id on behalf of the customer). This according to iTunes support allows the purchaser to have this music file on 10 (only) devices. One is my computer to produce the slideshow in the first place and the 2nd being the dvd disc supplied to my customer to use at the funeral. This would then allow me to make 8 extra copies if needed without breaking any copyright laws. I will have a notation on the dvd cover regarding the copyright of the music and making copies of the dvd slideshow. If my customer requires more than 8 copies I can purchase the same track again using another different unique email and apple id thus giving me the right to save it to another 9 dvds.
It will be a pain having to generate unique email addresses and apple id's just for this purpose but it's the only way I can figure that I'm not breaking any copyright laws.
I would love to hear your thoughts on this.
Using recorded music in a show can often present copyright problems. There can be many layers of copyright in a piece of recorded music and this can make it difficult to determine whether or not a piece of music can be used as background in your show. As with image copyright, there are very few provisions that allow music to be performed without permission. Even performing music that may be out of copyright, such as Mozart, can be problematic because the sheet music may still be in copyright (if it is a new arrangement or edition) and permission will be needed from the copyright owner of the arrangement or edition.
Using an insubstantial portion of music can also be problematic as there is no clear cut definition of what constitutes “insubstantial.” Whether or not a portion is deemed to be substantial depends on how important, key, essential or distinctive the portion is to the overall work. Even a few bars can be considered substantial.
Thanks again for your comment.
Best of luck...
I'm Canadian, eh?
Canon 50D, Epson 4990 Scanner, Epson R1800 printer
Lumapix, Paint Shop Pro X6, ProShow Producer 6
Video Studio Pro X5
With all due respect what you are proposing is a smoke and mirrors trick, in the end you are selling something you don't own. I suspect that somewhere in the fine print you will find that itunes allowing 10 copies of a purchased song probably means that the copies must be on devices you own and are under your control.
If the music in question is actually incorporated in the show on a dvd that you sell then there is a copyright violation regardless of how many licenses to listen you purchase. It probably wouldn't matter if you gave the dvd's away with the music on them, there would still be a copyright violation.
Ask yourself how you would feel if the family bought one dvd from you and made a couple of dozen copies for friends and family, not really any different from using music for which you don't own a license.
I do hope you find a way to incorporate appropriate music into your memorial dvds.
When I create pre-Wedding/Rehearsal shows or Memorial Tributes I routinely create just one DVD in very simple packaging, whilst on another device such as USB stick or SD Memory card I supply an ISO image file from which the customer can create a 'replacement' DVD (should they require it), plus a single high quality video file suitable for uploading or storing on DVD (for archive purposes) or playing directly on most modern TV sets.
I don't involve myself with any further copying or distribution once the product has left my hands and I've been paid for it.
According to APRA here in Australia I do require a licence to make copies, the licence is issued annually and is not cheap. After plenty of research I have come to the conclusion that to earn a fee from making copies is simply not worth it. Thank you trulytango for pointing me in the right direction, my time and effort in creating the slideshow in the first place is where the income comes from, not the copies.
Good luck with your projects! Cheers Jan
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