Diegetic/Incidental Audio Licensing

[abreu-canedo]

I'm in the wedding business, and as most know, licensing music and copyright infringement are no laughing matter.

I'm in a process of editing a wedding welcome party that had a parade component, and I'm wondering if the music the band was playing can be considered incidental. I used the sound that I captured live during the event, and edited to it.

Here is the link
https://vimeo.com/124663980

Password is joza

I've been looking around for info, but have found conflicting info. Can anyone give me some input as to whether the parade segments in the above video is infringing on copyright? I understand most here are not lawyers, so I'm not expecting legal advice. But who knows, maybe someone has already talked to a lawyer about this exact situation...or just happens to know

In any case, thanks for looking and all the best!

 

[David W. Richardson]

I'm not a lawyer but I suspect that not only is the song protected by copyright, but so is the band's performance of it -- I doubt either would be considered 'incidental'. Most likely you need licensing for the song and the performance. That would be my guess, at any rate.

 

[abreu-canedo]

Thanks David!

I'm also afraid yku might be right. Even though I had my clients (bride and groom) get signed releases from the band, now I'm thinking that I'd still need some licensing from whomever holds the rights to the songs...even though I'm essentially just filming out in public. If this is indeed the case, which I suspect you might be right, that's going to be a pain in my @$$.

In any case, thanks for taking the time to watch it and respond!