Music Picked Up From Local Enviorment

silyn

silyn

Well-known member
I am not sure if it's the right forum, sorry if it's not - perhaps then it can be moved to another forum?

A question: if during filming a documentary in a public place, a copyrighted music is picked up as a part of actual soundscape, what are legal ramifications of using such footage?

For example: (1) street performers (which may or may not have a permission). Another very specific example is (2) Las Vegas Bellagio with its dancing fountains with music I know 100% copyrighted (for example, they often use Andrea Bocelli - but I think it would be safe to assume that the hotel itself would never do it without sorting out all legal stuff/license/permission).
 
A common issue indeed.

I would be happy to forward this thread to a more appropriate section of DVXuser.

My gut says Documentary or Location Sound would be better sections as we lack a business/legal/producing section.

Want to choose? I think either section would be a better fit than Cinematography. Also, although the Cafe is supposed to be for non-film related topics, people sometimes post broad or ambiguitous topics there that otherwise are hard to categorize; it's definately a good place to get eye-balls.

If you can respond soon, I'll send it to the destination of your choosing, if not, I'll choose what I think it best.
 
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Ryan, thanks - please FW the question to whatever section you feel is better for this type of question. You certainly know dvxuser.com much better than I do.

Serge
 
I am not a lawyer. That being said, whether the performer you shot has permission or not is irrelevant - YOU need permission directly from the copyright owner in order to use the music in your film. There is a difference between the performance licenses a band or Bellagio obtains and the sync licenses needed for the music to appear in a film or video soundtrack.
 
It's a few years old but here is a good story about the doc Mad Hot Ballroom and their copyright hurdles. In a nutshell, if it's recorded you should get it cleared (and probably will have to in order to get E&O insurance for distribution).

A thing to remember about licensing and copyright is that even if you are in the right the only way to prove that is to go to court and win (could mean very expensive legal fees).


-Andrew
 
My understanding is that you're in the clear if it's part of the landscape you're recording IF it's solely displayed alongside the footage it was shot with (i.e. when you cut away from that shot, you can't keep the music playing). There are first amendment protections for filming events occurring in public spaces in the U.S. but IP law prevents you from taking any creative liberties with any copyrighted material that's picked up as part of the process.

Of course, it's worthwhile to contact a lawyer before distributing such a project - a few hundred dollars worth of advice can save you a lot of pain in the long run.
 
If you had a life-threatening illness or injury, would you rely on advice from people on the Internet who are not doctors?

Why would you risk your financial future? Consult a qualified attorney.
 
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