is thier a catch?

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tiby0208

is thier a catch?

Postby tiby0208 » Wed Feb 27, 2008 6:01 am

Ive done a couple of wedding dvd's for personal friends of mine and they say I should try and make a business of it.

What I would like to know is what copyright law is thier regarding photographs and music used in these dvd's?

I live in the uk so obviously the law here is different to that in the states, I dont want to start advertising and then get into alot of trouble.

many thanks.
tina

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Postby BarbaraC » Wed Feb 27, 2008 8:14 am

Tina, the issue of copyright has been addressed several times in the group. Type "copyright" into the search box and hit Enter. You may well find the answers you're looking for. In the meantime, be aware that it's an issue that plagues a lot of us, much of the plague being the result of giant music companies. You can find royalty-free music on the Web (a favorite here is Digital Juice), and you can also find music copyrighted using Creative Commons and that you can use, sometimes by just crediting the musician. (Do a search on the term.)

As for pictures, it's likely to depend on the photographer's contract with the original purchaser.

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Postby briancbb » Wed Feb 27, 2008 9:31 am

Tina

Copyright law here in the UK is very similar to that anywhere else. Most wedding photographs the copyright is held by the photographer to safeguard their interests in selling copies. Music copyright is as difficult here as in the USA, if you reallly want to stay on the right side of the law.

However I dont think any photographer will complain if the wedding was several years ago and there was no chance of selling more copies. Especially if it is only one or two discs. Maybe the photographer could be contacted for permission, might be a lead in to a service he can supply and give you custom.

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Postby DickK » Wed Feb 27, 2008 6:19 pm

The photographs are one issue and the music is another and unfortunately, there's no simple answer that will ever be right on this stuff. Caveat: I'm not a lawyer and not qualified to provide legal advice--anything that is important to you should be checked by a lawyer.

There are a lot of companies and individuals out there who provide scanning services and value-added stuff like this. They are supposed to make reasonable efforts to ensure their customers have the appropriate rights to the photos and will, for instance, refuse to scan an image that's marked with a logo or stamped with a copyright notice.

Now, with all that said, Barbara's and Brian's comments are, as usual, spot on. But everything about this topic starts with "it depends..." For the photographs, strictly speaking it depends entirely on what rights the people acquired at the time they contracted with the photographer. As Brian says, generally, a photographer will reserve most or all rights to themselves, the customer bought a set of prints and that's it. That restriction is not universal but it is common. Scanning the prints and making the slideshow probably is not something the photographer allowed. As a practical matter if the event is not recent, it's unlikely to draw an objection and for the personal use of the owner of the prints I seriously doubt a photographer would ever attempt to enforce it--not to say they couldn't, but they have too little to gain. Some protection for you might be gained by having a signed contract with the other party but how much I don't know.

As for music, the issue is also complicated but I'd just agree with Barbara's recommendation to look at some of the other discussions here. Basically, you need to use music that you hold the rights to use this way and that won't require royalty payments for that use.

Bottom line, tho' is that to be 100% legal, you need to know that you have the appropriate rights to the material in the show. Frankly, it is unlikely in most cases to ever get you into trouble if the slideshow is for the personal use of your client. Unlikely, but not impossible.

Dick
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Postby dilyla » Wed Feb 27, 2008 7:50 pm

Tina--

In addition to wedding & reception shows, I custom design and produce wedding invitations, favors, programs, etc., for customers and a lot of my designs are based on their formal engagement photos, too. Just to protect myself, I have a release form that the customer's photographer completes & returns directly to me for my records. The photographer can go so far as even list specific photo numbers that they agree to release for my use in all media designs for the wedding.

If there was not a professional photographer involved, (for example, personal photos), there is another section to be completed by the customer stating the personal photos submitted were theirs, and therefore they held the copyright on those photos.

No signed release (either from the professional photographer or the client) -- then no graphic design or slideshow. No exceptions.

I'd suggest getting professional advice from a local attorney if you plan on doing this as a business/for profit.

- Diana
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tiby0208

Postby tiby0208 » Thu Feb 28, 2008 8:11 am

Thankyou for all your advice.

The ones I have done so far have been personal photographs belonging to close friends and family.
But I do like the idea of getting them to sign something stating that they have sole copyright to them.

someone else also told me to ask the photographer taking the pictures and getting his permission to use his work.

Unfortunately I cannot afford to see a solictor to get legal advice so will have to do some more research on the web

Thanks again
Tina

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