Music copyrights and you, basics

Not sure if what you want to post fits in the other forums? Post it here!
.
User avatar
Posts: 9312
Joined: Thu Sep 20, 2007 12:37 pm
Location: E. Greenbush, NY

Re: Music copyrights and you, basics

Postby BarbaraC » Wed Nov 12, 2008 7:07 am

hootowls wrote:Do the same rules apply to printed materials?


In a word: yes. It's rather unlikely that the copyright on those postcards has been renewed, though you never know, of course. However, unless you're planning on going national with your show, I seriously doubt you need worry about it.

Barbara
The Frame Locker - styles, transitions, frames, backgrounds, & more.
Subscribe to Frame Locker News for alerts to new products.
How-to's: ProShowThink

hootowls

Re: Music copyrights and you, basics

Postby hootowls » Wed Nov 12, 2008 7:16 am

Thank you, Barbara

hootowls

ProShow Hall of Fame
User avatar
Posts: 3143
Joined: Mon Nov 13, 2006 7:42 pm
Location: Northern Virginia

Re: Music copyrights and you, basics

Postby DickK » Thu Nov 13, 2008 4:10 pm

hootowls wrote:...Do the same rules apply to printed materials?
I collect postcards. I have old cards dating to 1900. I would love to scan them and create a history slide show showing how thing have changed throughout the years...

In general, yes; in specific, maybe. In your case, yes, someone owned (and maybe still owns) the copyright on the photo and on the postcard itself. Copyrights do expire, however (rules vary, but generally it's the creator's life plus something). I think that might mean that if the photos are really old then the copyright will probably have expired. The other part is simply that someone has to enforce their rights, the people and organizations holding the rights in question may no longer exist or care for old postcards--there isn't much business there to protect. Frankly, in the case you're talking about, unless I was planning to sell the show I wouldn't lose much sleep over it. But if I were making the show for commercial use I'd want to consult with an IP attorney, you can't be the first person to have asked the question.

Oh, and you might check with postcard collector's group forums and see if anyone has looked into it for something similar like publishing a book about postcards or incorporating old cards into a book about a place.

That's not legal advice--just my thinking about it.

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

bhappy

Re: Music copyrights and you, basics

Postby bhappy » Sun Mar 08, 2009 10:53 pm

I know this is a old thread but what about sites like download.com where people post their own music to be freely downloaded by anybody? Surely this can be used in any form you want?

Bart

.
User avatar
Posts: 9312
Joined: Thu Sep 20, 2007 12:37 pm
Location: E. Greenbush, NY

Re: Music copyrights and you, basics

Postby BarbaraC » Mon Mar 09, 2009 6:08 am

Bart, most of those musicians have terms of use, usually according to Creative Commons. Check them.

Barbara

ProShow Hall of Fame
User avatar
Posts: 3143
Joined: Mon Nov 13, 2006 7:42 pm
Location: Northern Virginia

Re: Music copyrights and you, basics

Postby DickK » Mon Mar 09, 2009 3:09 pm

bhappy wrote:I know this is a old thread but what about sites like download.com where people post their own music to be freely downloaded by anybody? Surely this can be used in any form you want?
Bart


The granted vs. reserved rights vary widely but no, not unless the owner/creator explicitly states that they are available for use however you want. As Barbara said, most are posted under various rights conditions. Typically you're free to use it for personal, noncommercial use--sometimes conditioned on credit being provided. Few allow unrestricted, commercial use or unrestricted redistribution (sell or give away). None I know of allow you to claim the work as your own.

I would look for and read whatever licensing terms are involved.

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

chantal012

Re: Music copyrights and you, basics

Postby chantal012 » Thu Apr 30, 2009 9:40 am

Has anyone actually go through the process of acquiring the rights?
I'm just wondering how much time it takes & how much money?

I can't see myself selling videos with no name music...sorry...but people have this emotional attachment to songs...that's what sells your video (mostly).... and I think it's worth the investment...

.
User avatar
Posts: 5385
Joined: Fri Nov 17, 2006 11:55 am
Location: Northern California

Re: Music copyrights and you, basics

Postby debngar » Thu Apr 30, 2009 10:07 am

This thread in the music discussion section will explain the likely costs - read Barbara's various posts in the thread. The cost is NOT worth it unless one is wealthy and has a lot of time to spend on the phone just trying to locate the appropriate persons to get the permissions.

viewtopic.php?f=14&t=7546
Debbie
Photography http://deborah-green.com

ProShow Hall of Fame
User avatar
Posts: 3143
Joined: Mon Nov 13, 2006 7:42 pm
Location: Northern Virginia

Re: Music copyrights and you, basics

Postby DickK » Fri May 01, 2009 5:54 am

chantal012 wrote:Has anyone actually go through the process of acquiring the rights?
I'm just wondering how much time it takes & how much money?

Very few here apparently have judging by the lack of posts about it, which isn't surprising to me given the obstacles--the first one being just trying to figure out who to contact (it varies). It's far simpler to simply acquire music that comes with the necessary rights. IMHO, there may indeed be an attachment to the music, but this is a slide show, the pictures should carry the story, the music is there to set a mood and reinforce a tempo. But if you really need something commercial, then you either acquire the rights or run the risk of a "cease and desist" letter. If you want to try it, suggest that you start with some Google research and then contact someone in the advertising business or at a radio/TV station who deals with this sort of thing and ask them for contact points--who do they go to acquire broadcast (public performance) and derivative work rights (as in use in an advertisement). If you go that route, we'd love to hear your experience.
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

chantal012

Re: Music copyrights and you, basics

Postby chantal012 » Thu Sep 17, 2009 4:47 am

Here's a thought...

What if... you would have this "contract" between yourself & your client that specifies that you are selling the photo montage/video only. The music was provided by the client who requested to add this song to the montage.

That said...you AREN'T selling the "song" or the montage with the song... Your selling price and work was based on the photo montage.

Does this make sense to any of you?

.
User avatar
Posts: 9312
Joined: Thu Sep 20, 2007 12:37 pm
Location: E. Greenbush, NY

Re: Music copyrights and you, basics

Postby BarbaraC » Thu Sep 17, 2009 5:50 am

A number of people here do this even though it isn't exactly legal. The problem is that whether you or the client has provided the music, you nevertheless are the one who's profiting from the use of that music.

Sad but true.

Barbara
The Frame Locker - styles, transitions, frames, backgrounds, & more.
Subscribe to Frame Locker News for alerts to new products.
How-to's: ProShowThink

chantal012

Re: Music copyrights and you, basics

Postby chantal012 » Thu Sep 17, 2009 5:57 am

Thanks for your input Barbara but if you SPECIFY that they are paying for the montage, touch-ups, scanning, etc...and that is does not include the music.

But if the client would like, you could add the music AFTER the sale...do you understand?

I would have to talk to a lawyer about this.

chantal012

Re: Music copyrights and you, basics

Postby chantal012 » Thu Sep 17, 2009 5:59 am

Another question - why is using a song from Kenny G ok?

Someone on this board suggested a song from Kenny G to someone looking for what seemed to be "legal" songs...
I went...HUH :? ?!?!

.
User avatar
Posts: 9312
Joined: Thu Sep 20, 2007 12:37 pm
Location: E. Greenbush, NY

Re: Music copyrights and you, basics

Postby BarbaraC » Thu Sep 17, 2009 6:11 am

Not everyone is thoroughly clear on copyright law, but there's also the fact that most of us use copyrighted music for our own private shows. Though this isn't quite kosher either, things quickly reach the point of the ridiculous when the show isn't meant to go any further than your living room. That's my opinion anyway. :D

Barbara
The Frame Locker - styles, transitions, frames, backgrounds, & more.
Subscribe to Frame Locker News for alerts to new products.
How-to's: ProShowThink

ProShow Hall of Fame
User avatar
Posts: 3143
Joined: Mon Nov 13, 2006 7:42 pm
Location: Northern Virginia

Re: Music copyrights and you, basics

Postby DickK » Thu Sep 17, 2009 7:00 pm

chantal012 wrote:Thanks for your input Barbara but if you SPECIFY that they are paying for the montage, touch-ups, scanning, etc...and that is does not include the music.

But if the client would like, you could add the music AFTER the sale...do you understand?

I would have to talk to a lawyer about this.

Yes, you should. I expect the lawyer is going to tell you that your product will infringe the copyright of the music UNLESS the person providing it to you has the acquired what's called the "derivative works right" and legally transfers that right to you. If they have not (not likely but not impossible) then your product will infringe the music copyright. The real question you're getting at--and should ask your attorney about--is your liability in such a case. That's a separate issue and highly dependent on the language of the contract and how a judge (in the unlikely case it came to that) felt that day. If your language is tight you might escape any liability and penalty--but it won't change the fact that the product is infringing. I'm guessing that although the probability of suit is low, the risk isn't zero, and the costs of defending yourself could be substantial.

Further information you might find useful:
viewtopic.php?f=8&t=8758

Dick

Caveat: 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.
"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

PreviousNext

Return to Odds & Ends

Who is online

Users browsing this forum: No registered users and 1 guest