So, you want to use copyrighted music, huh?

[Howard Barlow]

You may want to check this out first.

[SpeedRacerSlots]

I have heard of that happening in other areas as well.
For example : (not starting a religious discussion here, just the a note about another segment that is being chased after)...
The ones below are related to a couple of things recording, publication / distribution as well as performance rights of some songs.

- Joel Osteen / Lakewood Church being sued by YESH for 3Mil
Lakewood Church fighting $3 million copyright infringement lawsuit | abc13.com
- FBC Smyrna TN is being sued by YESH for $300K + Attny Fees.
http://church.rightsflow.com/686/sma...-infringement/

As the economy has gone south, companies are getting more inventive, insightful and agressive with pursuing licensing rights for everything, regardless of the industry / market.

We spend a lot of time involved with the Theatre around here. This past year, there were 6 schools (not around here), whose drama programs were brought to a dead halt, facing serious fines/suits around copyright infringement for segments of their properly licensed plays / musicals that were posted to YouTube and FaceBook. Not only are they facing the fines and suits, their theatre departments were basically banned and blacklisted for a period of 3yrs from being able to perform licensed works from the major publishing houses.

I think its only going to get more serious before it gets better.
And the only thing that will make it better is everyone understanding what copyrights really mean.

[tukaniray]

Nice post. I read through it.

The company I currently work for uses APM Music ... great place for music.

I always worry about this for any small project I take on with people asking me about popular music. I try to push the licensed stuff to them.

Is there any form out there that would put the client in liability of choosing a choice of music because they demand for it? Kinda like having a clause that states, that you, the videographer show them licensed music, and if they insist on commercial music that they have to face any issues that come along with using said music.

Just something to kinda put things in perspective and really show those tough clients you mean business and are serious about the rules of copyright music.

-Ray-

[tukaniray]

Now what if you are using music for personal non-profit projects ... would that still be against the laws of music?

-Ray-

[Tom]

Originally Posted by tukaniray

Now what if you are using music for personal non-profit projects ... would that still be against the laws of music?

-Ray-

Contact your copyright attorney, but I think so.

[XtremePhoto]

I wonder how long it will be before they start coming after PHOTOGRAPHERS that have illegal music playing on their site? Probably just as many of those as there are videographers.

-G-

[Tom]

Originally Posted by XtremePhoto

I wonder how long it will be before they start coming after PHOTOGRAPHERS that have illegal music playing on their site? Probably just as many of those as there are videographers.

-G-

If there was a way to report them, I would. I hate when that crap pops up when I open a browser and I can't find the button to mute it

[scottbuckel]

I find it interesting that both still and motion photographers will frequently violate the copyrights of musicians, but if some one uses a photographers image on they go ballistic about copyright violation . . .

I'm not a lawyer and do not play one on TV. It is likely if you are going to create a personal project that you will not broadcast (can be a simple as posting to Youtube) you can use copyrighted music. The area of infringement that I do not understand is using the project for a limited audience, for example I have put together a slide show to be shown at a wedding of the bride and groom growing up, their dating and them the engagement, I have heard it is not an infringement and I have heard that it was (to be conservative I used RF music I licensed).

Scott

[Tom]

It is likely if you are going to create a personal project that you will not broadcast (can be a simple as posting to Youtube) you can use copyrighted music.

This is not true. Using work you do not have a license to is a copyright violation. Will you get in trouble for it? Probably not.

My IP attorney and I were talking about this yesterday.

If I stole a CD out of WalMart, I would get basically the equivalent of a traffic ticket. Theft of merch under $50. Fine up to $500, class C Misdemeanor.

But if I take the 15 songs that are on that disc, and download each one individually, I now have the same album. But I am liable for infringing on the artist's copyright for each individual song, with a possible judgement of up to $150,000 per instance. That is a possible judgement of $2,250,000.

[auddii]

So, there's a fair use clause for photos; there are acceptable uses for photos such as educational material or for satire. Anyone know if there is anything equivalent for music? (Obviously none of those reasons apply to photographers using music in slide shows or on websites, I'm just curious.)

[groovyone]

Originally Posted by auddii

So, there's a fair use clause for photos; there are acceptable uses for photos such as educational material or for satire. Anyone know if there is anything equivalent for music? (Obviously none of those reasons apply to photographers using music in slide shows or on websites, I'm just curious.)

I believe there is. See most of Weird Al's work (who I like btw).

[XtremePhoto]

Originally Posted by scottbuckel

I find it interesting that both still and motion photographers will frequently violate the copyrights of musicians, but if some one uses a photographers image on they go ballistic about copyright violation . . .Scott

Didn't say that earlier, but I wanted to. It is also interesting to note that those same photographers you are talking about are the ones that have 'bootleg' copies of Photoshop CS5 and other programs on their machines that they edit those photos they are so incensed about others violating the copyrights too...Go figure.

-G-

[Tom]

Originally Posted by groovyone

I believe there is. See most of Weird Al's work (who I like btw).

Weird Al also went to each of the record companies to get permission to parody the songs.

Coolio didn't know Weird Al got permission to do Amish Paradise when he got pissed off.

Some artists are totally flattered that he did that and went out of their way to help him, most notably Nirvana.

[Howard Barlow]

Originally Posted by tukaniray

I try to push the licensed stuff to them.

Is there any form out there that would put the client in liability of choosing a choice of music because they demand for it? Kinda like having a clause that states, that you, the videographer show them licensed music, and if they insist on commercial music that they have to face any issues that come along with using said music.

There is no 'try'. That is their only lawful option. And, no, you are not protected because they 'demand' you violate federal law. You are the violator, not them. "But, your honor, they made me do it," doesn't fly.

Originally Posted by scottbuckel

It is likely if you are going to create a personal project that you will not broadcast (can be a simple as posting to Youtube) you can use copyrighted music. The area of infringement that I do not understand is using the project for a limited audience, for example I have put together a slide show to be shown at a wedding of the bride and groom growing up, their dating and them the engagement, I have heard it is not an infringement and I have heard that it was (to be conservative I used RF music I licensed).

Wrong on all counts.

It boils down to this, folks, if you aren't using lawfully obtained rights to music, and that doen't mean you paid for the CD, you are violating federal law. It really is that simple.

[scottbuckel]

Originally Posted by Tom

This is not true. Using work you do not have a license to is a copyright violation. Will you get in trouble for it? Probably not.

My IP attorney and I were talking about this yesterday.

If I stole a CD out of WalMart, I would get basically the equivalent of a traffic ticket. Theft of merch under $50. Fine up to $500, class C Misdemeanor.

But if I take the 15 songs that are on that disc, and download each one individually, I now have the same album. But I am liable for infringing on the artist's copyright for each individual song, with a possible judgement of up to $150,000 per instance. That is a possible judgement of $2,250,000.

Tom - my IP attorney disagrees with yours, she thinks that my specific example (a slide show that is not broadcast in any way) would be considered fair use, but if you posted it to Youtube or some other social network it would be clear violation of copyright. She also feels that the use of school portraits in the same slide show presentation to be fair use as well as long as it does not get posted to a social network site or published/broadcast by some other manner. I am also giving very specific limited use, while you are listing the possible penalties with no examples of the use of the downloaded music.

There is a lot of gray areas around what defines fair use.

IP attorneys vary a lot in their opinions and the aggressiveness of defense of their clients.

Scott