Hey guys, quick question. I'm doing a school shoot. It is for a four year university, and it will be used for all welcoming students for a couple years. In terms of audio, this is somewhat a large scale operation. My question is, when shooting the video, can I use mainstream licensed music? For example, could I use Coldplay's "yellow" or do I have to make my own score? This project is not being used for distribution in any shape form or fashion. Am I free to use any music that appeals to me, just do the end result is not for distribution.
Audio for a project!!! what is legal to use??
- Thread starter ovaclip
- Start date
Andrew McCarrick
Carbonite Member
No, if you are using any form of music you don't have copyright ownership of you need permission from the copyright owner. You might not have to pay for it because of your situation but you still need clearance from the owner. So send an email to which ever band you wish to use and ask for clearance (tell them its for a school and will never be released publiclly), if they say "no" or "you have to pay for it"..... then that is what they decided and you can't use it; but if they say "go ahead", you're clear to use it as long as it doesn't go beyond the distribution you told them about.
David W. Richardson
Chapelgrove Films
It may not just be the band whose permission you need. You need the permission of whoever holds the copyright, which could be a record company.
And to protect yourself, you'll want a written statement from the copyright holder -- not just an email saying, "Sure, no prob!"
And to protect yourself, you'll want a written statement from the copyright holder -- not just an email saying, "Sure, no prob!"
Andrew McCarrick
Carbonite Member
Very true, the record company ownership possiblity kind of slipped my mind. And yes, you'd definately want a statement (with company letterhead) stating what the agreement is.
ESTEBEVERDE
Veteran
Do a search and see if it is fair use.
I am not quite clear on what your use is.
Will this be for an in house use or something you are putting on the web and sending to students?
At first blush it looks like infringement if you use the music without permission but you should do some research and get a better idea.
Steve House
Veteran
Well, it is for public performance and "distribution" in the sense that it is to be shown during orientation to welcome new students or sent to them on DVD as part of the registration materials, right? Much beyond viewing it by yourself in your dorm room would count as distribution. Nor does it matter if the DVDs are sold or the audience is charged admission or not - whether or not money is exchanged doesn't enter into that equation. Unless your usage falls under the very limited guidlines making it "fair use" you must license any copyrighted materials you use from the copyright owners. I agree with Estebeverde that at first glance it seems extremely unlikely this would be 'fair use.' And while 'fair use' does allow copying for academic uses, it must be done for purposes of research, scholarship, or criticism. Promotional or orientation materials would not be likely to count as scholarly research.
To use a recorded performance such as the Coldplay number you mentioned you'll actually need to get several licenses. The main one is a synchronization license from the publisher or present copyright owner of the words and music to allow the song to be juxtaposed, "synchronized," alongside your pictures. The specific recording by Coldplay probably has its own separate copyright and to reproduce it onto your video soundtrack you also need to obtain a master use license from the owner of the recording master rights, probably the record label that released it, though it's not uncommon to be able to get the sync and master license together. While it's certainly worth a letter or two, unless the copyright owners happen to be alums of the school or something and want to donate the licenses you'll probably find the process to be more complicated and the cost to be a lot higher than it's worth. Talk to the school's legal office and see if they can help the process.
There are a lot of excellent royalty-free production music libraries out there that can be licensed at very reasonable costs while tools like SonicFire and its accompaning music library let you build custom tracks to fit your own needs. Something like that would probably be a much more viable approach. It doesn't all sound like elevator music anymore and with a bit of reseach you can probably find music that has the same 'feel' to it as the popular music you want to use at a cost you can afford.
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David W. Richardson
Chapelgrove Films
Whether or not anyone is 'likely' to sue you isn't the point. The point is whether or not taking someone else's work for your own advantage is right or wrong. It's your call.
Noiz2
Sound Ninja
This is for a University to show to students. It is going to be very visible and your client has deep pockets. The below is VERY bad advice in this situation. When the school get sued they are going to come to you.
Now some good news. Most schools have blanket agreements with ASCAP and BMI for some uses. Marching bands and such. They usually DON'T have synchronization rights but they might because of the drama dept. Ask and you may find that your covered by the existing agreement.
If this was just for you and your friends it still wouldn't be legal but I wouldn't worry either. But as a film that is potentially seen by thousands I would be VERY careful.
Now some good news. Most schools have blanket agreements with ASCAP and BMI for some uses. Marching bands and such. They usually DON'T have synchronization rights but they might because of the drama dept. Ask and you may find that your covered by the existing agreement.
If this was just for you and your friends it still wouldn't be legal but I wouldn't worry either. But as a film that is potentially seen by thousands I would be VERY careful.
Steve House
Veteran
In addition to the other comments on this, there's the whole question of what it says about someone when he only feels uncomfortable about violating the law when he thinks he might get caught.
ESTEBEVERDE
Veteran
David W. Richardson
Chapelgrove Films
If it's just a video for you and your friends to watch, then ESTEBEVERDE is probably right. But if you want to give copies to your friends, that's another thing. That's no more legal than burning copies of your favorite CD to give to all your friends.
Do the right thing. If it were a piece of YOUR creative capital, would you want others stealing it to use for their own purposes?
ESTEBEVERDE
Veteran
But that's the thing.
We as society decide what is theft and what is not.
Fair Use is not theft.
If he made the video and sent it to his friends it is Fair Use because it is a trans formative work and he is not publishing it. And, even if he did publish it, it still might fall under Fair Use if it met the criteria.
If he just makes a copy of the cd and gives it to his friends it is most likely not fair use because he hasn't transformed it and it "damages sales."
Fair Use is complex (Overly so in my opinion) but it is the current state of the law.
I get the sense that you are pro copyright because you think at some stage your personal interest will be damaged by someone not paying you for your work.
That in itself is another debate entirely.
Copyright theft does indeed decrease revenues in certain circumstances and increases them in others.
Here is a annoying but great example of Fair Use.
A Fair
Use Tale
Noiz2
Sound Ninja
Well actually you're 9999999% wrong. For you alone it's fine. For you and your family and you watch at home it's fine. For you and your friends it's dodgy but if you show it out side your home, show it to people who didn't have anything to do with the creation, show it ANYWHERE public ie a park, coffee shop (even if your the only one who can see it) then no it's not legal. Also "fair use" isn't a license it's a defense in a law suit. With few exceptions you won't really know if you qualify under "fair use" until your sued and you either pay a big penalty or you get off with only your lawyers bill to pay.
For all intents and purposes forget "fair use" unless your using it in a school project that qualifies as research and is never going to see the light of day.
Noiz2
Sound Ninja
Sorry but the courts decide what is "fair use" and they are often not very understanding.
Transformative may be a "help" but syncing music to your video is not "transformative" and apparently three or four notes in a row that were used in some pop song doesn't qualify as "transformative" either. Parody is usually an out but Weird Al Yankovich payed royalties on all the songs he parodied. What it got him was the ability to parody them instead of XXX saying no YOU can't use my song for your shtick.
I agree with what I think it is your saying, but that ain't going to do any good in court. Should our poster be able to use the songs he wants for a nominal fee in this not for profit project? He has my vote. The problem is unless I sit on his jury that isn't going to do him any good what I think.
David W. Richardson
Chapelgrove Films
Using that same logic, a 'mix tape' (or CD) could be considered 'transformative'. I'm betting you'd still get into a lot of trouble if you started peddling them and the copyright holders found out about it.
Again, what's the bottom line? The bottom line is people who create works of art -- including music and movies -- have a right to fair and just compensation if someone else wants to include those works of art into their OWN works of art. Especially if those resulting works of art are intended to generate either profit or publicity.
I don't want others stealing from me -- so I don't steal from others. Do the right thing. Always.
Again, what's the bottom line? The bottom line is people who create works of art -- including music and movies -- have a right to fair and just compensation if someone else wants to include those works of art into their OWN works of art. Especially if those resulting works of art are intended to generate either profit or publicity.
I don't want others stealing from me -- so I don't steal from others. Do the right thing. Always.
ESTEBEVERDE
Veteran
You are so cute.
Read the Law.... seriously...
Fair Use is not merely a defense for a copyright infringement claim.
It is actually part and parcel of the law. It is not some loophole.
There is a huge difference between sharing it with your friends, whether it is one or hundreds and "PUBLISHING" a work. It is quite cut and dry actually.
ESTEBEVERDE
Veteran
The right thing!
Copyright isn't a choice between right and wrong.
Often it is a tough choice between right and right.
A mixtape is most likely not fair use because it is not transformative. Creative yes, but not really transformative under copyright law in and by itself.
But, using someones music and putting your own lyrics over it to make a political or satirical statement clearly is. (See [FONT=Arial, Helvetica, sans-serif] The United States Supreme Court in Campbell v. Acuff-Rose Music, Inc. (1994) )
I love ya to death but there are limits on our property rights including the rights we hold over intellectual property.
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David W. Richardson
Chapelgrove Films
Best advice......consult a lawyer. Don't risk your future and everything you own on advice from anyone on a public board. Including me! (Except....um.... the advice to consult a lawyer.)
David W. Richardson
Chapelgrove Films
That is CLEARLY not what the original poster was asking about doing.