Audio - Copyright Question

[iConquer]

I'm hoping this would be the right forum to ask this question. I've heard several different stories in regards to this so was hoping to hear what some of you may know since I'm still unsure about it.

If I was making a video whether it be a short film, documentary, movie, etc. what are the restrictions or requirements of me, if I wanted to use an artist's music? The video will be for personal usage only and not for sale but will be shared with others through the internet.

part 2

if I do have a DBA, for instance Guy's Media or something.. I'm still not selling the video but since I do market that video under Guy's Media for exposure...are there laws and regulation with using an artist's music?

part 3
if I happen to make a DVD of the video and sell it on my personal website, are there rules and regulation to that?

Thanks for any input!

 

[j1clark@ucsd.edu]

I'm hoping this would be the right forum to ask this question. I've heard several different stories in regards to this so was hoping to hear what some of you may know since I'm still unsure about it.

If I was making a video whether it be a short film, documentary, movie, etc. what are the restrictions or requirements of me, if I wanted to use an artist's music? The video will be for personal usage only and not for sale but will be shared with others through the internet.

part 2

if I do have a DBA, for instance Guy's Media or something.. I'm still not selling the video but since I do market that video under Guy's Media for exposure...are there laws and regulation with using an artist's music?

part 3
if I happen to make a DVD of the video and sell it on my personal website, are there rules and regulation to that?

Thanks for any input!

Not a lawyer, but from everything I've read, you would be infringing, despite no monetary gain. Most of the 'file sharing' activities have not involved monetary exchanges between the file sharers.

The only 'copy for personal use', that could be 'legal' is if you play your media in your own house... to your self... ok, maybe your spouse and children...

Otherwise, in order to 'publish' to the Internet, distribute on discs, etc. you need the clearances from the 'correct' right holder.

In the case of playing music with a motion picture, or even a series of stills, you need 'synchronization' rights. These are granted by entities other than say ASCAP or BMI. Those entities are nickel snatchers for 'performance' use.

In some cases, you have both the original music writer, and the performers who perform the writer's music, to get clearances from.

It gets to be pretty complex, and that's why the only way to make money in Hollywood is by lawyering... lawyers get paid no matter what the outcome...

 

[ggrantly]

For the most part, if you use music made by someone else in your production for most any reason, you need the owners permission. That might be the artist, author, or a record label that owns the rights. You might be able to get the rights for free, but usually it is going to cost $$ The usual exception to this would be news reporting about the music or artist.

Music is their product, it is how they make their living. If someone grabbed your footage and wanted to make a profit on it without your permission, or paying for it, would you be upset? Do you copy software and not pay for it?

If you want to pursue this, you should get the advice of a lawyer for you situation. There are lots of ways to get music into your production for free and not go through the hassle.

Regards,
Grant

 

[Burritoclock]

Here is a good roundup of free and small fee music sources. Read the distro guides to each.(Tiny url wouldn't work for some reason...

http://ae.tutsplus.com/articles/rou...r-royalty-free-stock-music-and-sound-effects/

 

[Richard Crowley]

If I was making a video whether it be a short film, documentary, movie, etc. what are the restrictions or requirements of me, if I wanted to use an artist's music? The video will be for personal usage only and not for sale

You can probably get away with that as long as it doesn't leave your house. But it isn't strictly legal.

but will be shared with others through the internet.

ANY "distribution" must have the permission (license) from whomever holds the rights to the music. Note that is not necessarily the composer(s) or performer(s).

OTOH YouTube seems to have some sort of licensing arrangement with ASCAP, BMI, whatever since there are so many videos there with music that is otherwise clearly unlicensed.

if I do have a DBA, for instance Guy's Media or something.. I'm still not selling the video but since I do market that video under Guy's Media for exposure...are there laws and regulation with using an artist's music?

It makes NO difference whether you are selling it or giving it away for free. The key word is "distribution". I suspect that doing it as a company would make you even more liable to get sued for damages by the right holder. They might think that a "company" has deeper pockets to tap into.

if I happen to make a DVD of the video and sell it on my personal website, are there rules and regulation to that?

Exactly the same rules and regulations. Music in a film or video requires permission from the rights holder. That typically has the form of a "synchronization license" and they typically want a pile of money in exchange.