Slideshow Music

[Wes]

Scenario: Someone hires you to do their son/daughter's senior pictures. They also want a DVD slide show set to music and request a specific song (for this example, let's say it's something like Whitney Houston's, "One Moment in Time"). The question I have is this... is it illegal to use that song in a product that you are selling to your customer? What are the copyright and/or royalty issues? I'm guessing that some of you pros have dealt with this a bunch of times.

[PeteQ]

Yes, it is illegal to use the song in that way unless you license the song from the Artist/Pulisher.

A good place to start is with regard to this issue is here ASCAP

And here is a Google discussion of exactly what you are looking to do: Music

Just like a photograph, the artist owns the music and to use it legally in the way you describe you will need some sort of licensing agreement. This can involve several permutations depending on use, etc. It's not really straight-forward.

And to be sure.... It will be expensive!

Royalty free music is fast becoming the way to go for things like this if you are looking to be legal.

Good luck!

[Wes]

Thanks, Pete. I've heard that iTunes is going to offer some sort of service in which you can purchase rights to re-use music. Has anyone else heard of this?

[PeteQ]

Not me, and that would really surprise me. You can "authorize" the iTunes Music to be on like 5 computers for your personal use (laptop, laptop, desktop sort of thing), but to include it in a retail/commercial project will be a totally different animal I would imagine.

[haraki74]

Yes, it's illegal, but it is really not expensive to do it correctly. There is some good information in this thread....

[PeteQ]

I followed your link and found these on the HFA site which touts those great sounding rates....

"How do I obtain synchronization rights?

A synchronization license is a written authorization to use recorded music in combination with visual images such as film, television, video, websites, and the like.

The Harry Fox Agency discontinued synchronization licensing services in 2002. However, you may secure synchronization rights by contacting the publisher directly. You can use the following databases to locate publisher information:

http://www.ascap.com
http://www.bmi.com
http://www.sesac.com
http://www.copyright.gov/"


And this....

"How do I obtain sound recording or "master use" rights?

Master use rights are required for previously recorded material that you do not own or control. The Harry Fox Agency does not process licenses for master use rights. They can only be obtained from the owner of the master recording, usually a record company.

You should obtain the master use license from the owner prior to requesting a mechanical license from The Harry Fox Agency."

And further.....

How do I license at a reduced rate?

The Harry Fox Agency is not involved in negotiating royalty rates reduced from the statutory rate. A gratis license (no royalties paid) is also considered a reduced rate. Any reduced rates must be negotiated directly between you and the copyright owner, publisher, or administrator prior to obtaining the mechanical license. Reduced rate licenses are not available through Songfile. Once you obtain written permission for the reduced rate, you can obtain a license through HFA by submitting the original copy of that written permission with a standard mechanical license request.


From the BMI website regarding licensing:

"BMI Doesn't License Mechanical and Synchronization Rights Songwriters and publishers also receive payments from mechanical licenses. A mechanical license is written permission from the publisher to manufacture and distribute a record, CD or audio tape for a specific copyrighted composition. The amount of the royalty paid to a songwriter from a mechanical license is determined by how many recordings are sold. BMI does not license such things as the making of phonograph records or the printing of sheet music.
Synchronization licenses are another potential source of income for songwriters and publishers. The "synch license," as it is sometimes called, pays copyright owners when their music is used in combination with visual images such as music in films, TV, videos, computer programs, etc. BMI does not offer synchronization licenses. The producer of the audiovisual production usually requests a synchronization license from the song publisher. These rights are administered and licensed by the publisher who accounts directly to the writer. BMI represents music publishers, but BMI is not itself a publisher."



It looks to me like HFA really doesn't do much except process the paperwork after you have permission from the owner/copyright holder. That is the part that is expensive. See this link: Songs
I really don't think the major DVD companies would be bothered about it if it were so inexpensive as HFA makes it out to be....

[Clint_Smith]

tell the you will do it if they purchase the rights to the song......

[PeteQ]

Originally Posted by Clint_Smith

tell the you will do it if they purchase the rights to the song......

?????

Oh.... "Tell them (client) you will do it if they (client) purchase the right to the song"


Yeah, there ya go! That's one way around it. Would save you some hassle and they would be getting it cheaper as you wouldn't have to mark up the cost to cover your time to arrange for the license,

[Clint_Smith]

Originally Posted by PeteQ

?????

Oh.... "Tell them (client) you will do it if they (client) purchase the right to the song"


Yeah, there ya go! That's one way around it. Would save you some hassle and they would be getting it cheaper as you wouldn't have to mark up the cost to cover your time to arrange for the license,

Yep...the clients buys the rights.

more than likely they will find someone else to violate the copyright, but I think it is a subtle way to educate them as to how "rights" work....