Media Law

[haraki74]

There has been a lot of discussion about putting music to a slideshow or even using music on your website. My daughter was kind enough to contact her former law professor and the following is the result. I added some extra information at the end. It doesn't really seem expensive, just something to be aware of. Hope it helps someone else out.

Media Law

Question-posed to a media law professor and attorney who taught at Southwest Texas State University, ….oops I mean Texas State University at San Marcos.

My dad is doing photography now and he's offering DVD slide shows of weddings and stuff. He wants to put them to music, but we're trying to figure out copyright laws on music. I know that it's the lifetime of the artist plus 70 years after until you can use something, but do you know anything else about it?

There have been conversations that if the client provides the CD of music, even new (current) music, that it's ok to use, but I don't think that's right because he's still selling it for a profit. What do you think?

Also, I know these are a lot of questions, what about classical music? I figured that would be safe to use, but if say the Dallas Symphony Orchestra is on a variety CD and played it five years ago, can it be used? Just curious. He wants to do it right and I thought you might know something.

ANSWER

If it is new (current) music, he owes someone some copyright fees. The record or CD will tell you whether the music is covered by ASCAP , American Society of Composers Authors and Publishers, (www.ascap.com) or BMI, Broadcast Music, Inc. (www.bmi.com). You can probably go to a web site and find out the exact amounts. It doesn't matter whether the customer is providing the music or not. The photographer is the one using it for commercial reasons, and he's the one afixing the songs to a medium.

If the music is written by some long-ago dead guy like Beethoven, you're clear. Now, usually the people who perform it are entitled to nothing. I know there was talk about changing the law to split the royalties between the composer and the performer, so you want to check the BMI and ASCAP sites very well.

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The following was taken from: Reproduction Rights at www.harryfox.com, a link from the BMI site.

For the period January 1, 2004 to December 31, 2005 the statutory mechanical royalty rate is as follows:

8.50 cents for songs 5 minutes or less OR 1.65 cents per minute of fraction thereof over
5 minutes

For example:
5:01 to 6:00 = $.099 (6 x $.0165 = $.099)
6:01 to 7:00 = $.1155 (7 x $.0165 = $.1155)
7:01 to 8:00 = $.132 (8 x $.0165 = $.132)

On January 1, 2006, the rate will be raised to 9.1 cents for songs 5 minutes or less and 1.75 cents per minute or fraction thereof over 5 minutes.

This link might help in the explanation of copyright works: http://library.thinkquest.org/J00157...ightmusic.html

Here is a great link:
"Copyright Basics" by the Library of Congress,
U.S. Copyright Office Revision: 1999,
http://www.loc.gov/copyright/circs/circ1.html

[Gordon]

What a friend of mine in Austin does is find a local artist that he likes, offers to shoot their portraits for promo work etc in exchange for the rights to use some of their music for his promotional materials and slideshows.

Artist gets some good pictures and also bit of local exposure, photographer gets access to decent, local music that personalises his work a bit more and doesn't cost him more than the initial shoot to use.

[AjP]

thx guys, really good information!!!!!!!!!

[haraki74]

That's a great way to get contemporary music. I like the idea.

[DEMDeepEllumMusic]

One thing on classical music make sure that the performer hasn't changed the piece, say written in a change in the choral because I believe that brings it into current music status. It gets real tricky and with all of the current download lawsuits I THINK ASCAP and BMI are getting a bit lawyer crazy.

Also that was good information on the rates!

Also as to the local musicician usage make sure that they are performing their own works and not a "cover" since then you get into the royalty thing again.