When it comes to content creation, music and copyrights raise some challenges. On one hand, film makers and video producers need music to enhance their content. On the other hand, the music most folks like (mainstream, popular music) can be difficult or expensive to license... but perhaps it's not as difficult to get great music as one would think.
For a long time folks have practiced a theoretical "ask forgiveness rather than permission" method, hoping that the record companies wouldn't notice - or care - that some one has used their music under a video without permission or licensing. And for a long time, many people have been able to stay under the radar. That's starting to change, however, as the record companies are cracking down even more diligently through hosting sites such as YouTube and Vimeo. There have also been stories in the headlines lately about wedding videographers - long some of the most prolific practitioners of "I hope no one notices" - facing 6-figure lawsuits for using popular music with no licensing. (One such story HERE.)
Let's be clear about copyright infringement: if it's not your original material, and you don't have permission to use it, it is illegal to use it. There is no weight behind the argument that "I'm not making any money off this." Purchasing a CD, or purchasing a track or album on iTunes, does not give you the right to use the music within a video (for profit or not); the "personal use" guaranteed with that purchase covers nothing more than listening to the music at home, in your car, or on your iPod. When you add a music track to your video and then play that video in a public venue, whether or not for profit, you are violating the copyright of the original artist. Further, posting a song to YouTube or Vimeo as part of your video is effectively distributing a copy of that song every time some one watches it, and that's no different from making copies of the CD and handing them out to everyone you know.
I've seen several videos lately on Vimeo that have something in the description that goes like this:
"Music: I Love My Puppy by John Smith.
I do not own the rights to the music. All credit for the music goes to John Smith."
This does not make it okay. So, great, John Smith got credited. But where are his royalties? Or, at least, why was he not given the option to permit use of his song at no cost? Simply claiming that you don't have the rights only means that you're openly admitting to copyright infringement. There is absolutely no excuse for appropriating some one else's original, creative work and representing it as, or as part of, your own content.
So what's the answer? Well, in short, you must get a synchronization license, aka "synch" license. The good news is that this is not as hard as it sounds, and it's getting easier every day!
For mainstream music from the major labels, there are a couple of ways to go. One is to license through BMI, ASCAP, or whichever clearing house handles that recording. The other option is to appeal directly to the artist, or the artist's label. If you think this is out of reach, remember that it never hurts to ask directly, and the worst they can say is no. Hey... they'll be thankful you actually took the time to ask, at the very least. And it isn't unheard of for a well-known artist to grant usage of his/her well-known material to one of the little fish in the pond. (Shining example HERE.) By all means, start there if you're really set on using mainstream tracks.
There are some production libraries that have been around for a while (DeWolfe, Killer Tracks) and are the ones that you'll find in many (most) major production facilities. They have vast selections of all genres, even some you probably never thought of. There are also more and more fantastic resources out there for music that can be licensed for any budget, and often for free. Further, the overall depth and quality of available and affordable production music is much higher today than 10 years ago. Inexpensive/free production tracks aren't just crappy synth anymore... much of it is well-recorded with real people playing real instruments, and there's even a wealth of lyrical music available nowadays. One of the newest trends is software that will customize the track to your exact needed length, or that will allow you to alter the instrumentation in varying degrees between full score and underscore.
As a film maker's community, DVXUser encourages us all to create content openly and often, and it is important that all elements of that content are obtained the right way. So here's a list of resources for finding some great production music. Some are cheap, some are free. Some require signing an agreement, and many require giving credit to the authors. Some have different levels of licensing based on intended use, so please read each one carefully. Many of them, however, are free for use in whatever project you have (this is called perpetual license, or no-needle-drop, or buyout).
Libraries with needle-drop fees:
Killer Tracks
DeWolfe
Buyout Libraries (no needle-drop fees):
SmartSound
Sound Ideas
Digital Juice (also keep an eye out for the occasional re-release of their discontinued BackTraxx libraries)
Piecemeal (purchased per track) music licensing, though some also offer full album/library purchasing:
Pond5
Fresh Music Library
NEO Sounds
Royalty Free Music
Mojo Royalty Free Music Library
Geared to Wedding Videographers (please read licensing and FAQ very, very carefully):
Zoom Music Licensing
Song Freedom
The Music Bed
Free, many of which require credit given for use (DVXUser claims no responsibility for the accuracy of these websites' content, so do your research and READ THE LICENSING TERMS for each site):
Artist Server
Public Domain Music
Public Domain 4U
Incompetech
Piano Society
Moby Gratis
Justin Ewart
Download Free Sound
Sound Image
There's also a wealth of resources at Creative Commons, which is a new way of licensing (for free!) content from other creators:
Creative Commons Music Communities
One often-overlooked resource: local indie bands. You might have some bands in your town who would love to have their music promoted, and it never hurts to ask. Just like the major artists, the worst they can say is no, right?
Another viable option is to re-record a well-known tune. A mechanical license (that is, a license to make an original recording of a copyrighted work) is often much less expensive than a synch license, and for that small fee you can get a band that you know to record the piece and make it truly unique for your work. The best, first place to go for mechanical licensing is the Harry Fox Agency. It's what they do.
There's also a magic number: 1922. Any music or lyrics published before 1922 are in the public domain, so you will not need a mechanical license to make a recording of that music. Please note that this pertains only to printed music, as recorded music still falls under a different copyright structure. You may have a recording of the London Symphony Orchestra performing a piece by Beethoven, and Beethoven's score is in the public domain, but that recording is copyrighted by the LSO and you'd still have to get a synch license to use it. If you have your own orchestra and a copy of Beethoven's score... record away!
Thanks to Scott (Noiz2) for several of the free/royalty-free links posted above.
NOTE: DVXUser does not allow any encouragement, promotion, or discussion in favor of music piracy or copyright infringement. If you don't know, please ask and the community will be glad to help. Any posts that tout or encourage unauthorised use of copyrighted material will be deleted.
This thread is not intended as a discussion of copyright law. The purpose of this thread is to provide helpful information and links to useful resources, to encourage content creators to use properly-licensed material in all projects. If you have links or information that you'd like to see included, please PM Alex H. or Jason Ramsey.
For a long time folks have practiced a theoretical "ask forgiveness rather than permission" method, hoping that the record companies wouldn't notice - or care - that some one has used their music under a video without permission or licensing. And for a long time, many people have been able to stay under the radar. That's starting to change, however, as the record companies are cracking down even more diligently through hosting sites such as YouTube and Vimeo. There have also been stories in the headlines lately about wedding videographers - long some of the most prolific practitioners of "I hope no one notices" - facing 6-figure lawsuits for using popular music with no licensing. (One such story HERE.)
Let's be clear about copyright infringement: if it's not your original material, and you don't have permission to use it, it is illegal to use it. There is no weight behind the argument that "I'm not making any money off this." Purchasing a CD, or purchasing a track or album on iTunes, does not give you the right to use the music within a video (for profit or not); the "personal use" guaranteed with that purchase covers nothing more than listening to the music at home, in your car, or on your iPod. When you add a music track to your video and then play that video in a public venue, whether or not for profit, you are violating the copyright of the original artist. Further, posting a song to YouTube or Vimeo as part of your video is effectively distributing a copy of that song every time some one watches it, and that's no different from making copies of the CD and handing them out to everyone you know.
I've seen several videos lately on Vimeo that have something in the description that goes like this:
"Music: I Love My Puppy by John Smith.
I do not own the rights to the music. All credit for the music goes to John Smith."
This does not make it okay. So, great, John Smith got credited. But where are his royalties? Or, at least, why was he not given the option to permit use of his song at no cost? Simply claiming that you don't have the rights only means that you're openly admitting to copyright infringement. There is absolutely no excuse for appropriating some one else's original, creative work and representing it as, or as part of, your own content.
So what's the answer? Well, in short, you must get a synchronization license, aka "synch" license. The good news is that this is not as hard as it sounds, and it's getting easier every day!
For mainstream music from the major labels, there are a couple of ways to go. One is to license through BMI, ASCAP, or whichever clearing house handles that recording. The other option is to appeal directly to the artist, or the artist's label. If you think this is out of reach, remember that it never hurts to ask directly, and the worst they can say is no. Hey... they'll be thankful you actually took the time to ask, at the very least. And it isn't unheard of for a well-known artist to grant usage of his/her well-known material to one of the little fish in the pond. (Shining example HERE.) By all means, start there if you're really set on using mainstream tracks.
There are some production libraries that have been around for a while (DeWolfe, Killer Tracks) and are the ones that you'll find in many (most) major production facilities. They have vast selections of all genres, even some you probably never thought of. There are also more and more fantastic resources out there for music that can be licensed for any budget, and often for free. Further, the overall depth and quality of available and affordable production music is much higher today than 10 years ago. Inexpensive/free production tracks aren't just crappy synth anymore... much of it is well-recorded with real people playing real instruments, and there's even a wealth of lyrical music available nowadays. One of the newest trends is software that will customize the track to your exact needed length, or that will allow you to alter the instrumentation in varying degrees between full score and underscore.
As a film maker's community, DVXUser encourages us all to create content openly and often, and it is important that all elements of that content are obtained the right way. So here's a list of resources for finding some great production music. Some are cheap, some are free. Some require signing an agreement, and many require giving credit to the authors. Some have different levels of licensing based on intended use, so please read each one carefully. Many of them, however, are free for use in whatever project you have (this is called perpetual license, or no-needle-drop, or buyout).
Libraries with needle-drop fees:
Killer Tracks
DeWolfe
Buyout Libraries (no needle-drop fees):
SmartSound
Sound Ideas
Digital Juice (also keep an eye out for the occasional re-release of their discontinued BackTraxx libraries)
Piecemeal (purchased per track) music licensing, though some also offer full album/library purchasing:
Pond5
Fresh Music Library
NEO Sounds
Royalty Free Music
Mojo Royalty Free Music Library
Geared to Wedding Videographers (please read licensing and FAQ very, very carefully):
Zoom Music Licensing
Song Freedom
The Music Bed
Free, many of which require credit given for use (DVXUser claims no responsibility for the accuracy of these websites' content, so do your research and READ THE LICENSING TERMS for each site):
Artist Server
Public Domain Music
Public Domain 4U
Incompetech
Piano Society
Moby Gratis
Justin Ewart
Download Free Sound
Sound Image
There's also a wealth of resources at Creative Commons, which is a new way of licensing (for free!) content from other creators:
Creative Commons Music Communities
One often-overlooked resource: local indie bands. You might have some bands in your town who would love to have their music promoted, and it never hurts to ask. Just like the major artists, the worst they can say is no, right?
Another viable option is to re-record a well-known tune. A mechanical license (that is, a license to make an original recording of a copyrighted work) is often much less expensive than a synch license, and for that small fee you can get a band that you know to record the piece and make it truly unique for your work. The best, first place to go for mechanical licensing is the Harry Fox Agency. It's what they do.
There's also a magic number: 1922. Any music or lyrics published before 1922 are in the public domain, so you will not need a mechanical license to make a recording of that music. Please note that this pertains only to printed music, as recorded music still falls under a different copyright structure. You may have a recording of the London Symphony Orchestra performing a piece by Beethoven, and Beethoven's score is in the public domain, but that recording is copyrighted by the LSO and you'd still have to get a synch license to use it. If you have your own orchestra and a copy of Beethoven's score... record away!
Thanks to Scott (Noiz2) for several of the free/royalty-free links posted above.
NOTE: DVXUser does not allow any encouragement, promotion, or discussion in favor of music piracy or copyright infringement. If you don't know, please ask and the community will be glad to help. Any posts that tout or encourage unauthorised use of copyrighted material will be deleted.
This thread is not intended as a discussion of copyright law. The purpose of this thread is to provide helpful information and links to useful resources, to encourage content creators to use properly-licensed material in all projects. If you have links or information that you'd like to see included, please PM Alex H. or Jason Ramsey.
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