Re: Using a song from a CD I own in a production..

S

Slapdragon

Well-known member
Re: Using a song from a CD I own in a production..

You much either purchase a needle drop from the publisher, or have a BMI / ASCAP all use license for production.

The reality is, it is rarely worth the expense to use needledrops on anything but large budget productions. You can often find music from an open library or make one in Soundtrack that will work fine. There are several wedding video packages available on the market.

If the client HAS to have the music, contact the company for a needle drop. Remember, you pirate, you are liable for the fine, not the client.
 
Re: Using a song from a CD I own in a production..

Re: Using a song from a CD I own in a production..

For some reason, wedding videographers seem to make a big deal out of the fact that the couple or the videographer owns a copy of the CD of the music that's going on the video. Owning the CD gives you rights to play the CD and make backups for personal use. It doesn't give you the rights for commercial use of a song. Despite the fact that's it's not legal--it's become common practice. While it's rare that this kind of copyright violation gets someone in trouble, I have heard *stories* about guys being put out of business. Whether the stories are true or not is another question.

The legal route is getting clearances for the music you use from the publishers (through ASCAP or BMI) and the record company or the performer. You wouldn't think that the licensing fees for a wedding video would be significant, but then again I've never met a wedding guy who bothered.
 
Re: Using a song from a CD I own in a production..

Re: Using a song from a CD I own in a production..

I think the last press release I saw showed 650 prosecutions for illegal commercial use of music in 2003, which would include the category of wedding videos. The lowest fine handed down last year was $15,000 to some college students.
 
Re: Using a song from a CD I own in a production..

Re: Using a song from a CD I own in a production..

[quote author=Paul_Maxe link=board=audio;num=1089072905;start=0#4 date=07/05/04 at 17:54:49]Wow that is pretty scary stuff. What if the client gives me the music to use in the production? Is there any loophole to this? What is the average cost of a needle drop? Seems like every wedding video I have ever seen contained copyrighted music...[/quote]

I have gotten limited release works with a needledrop for a couple hundred dollars a song, for popular songs.

No, you cannot use the client's CD. You are still responsible.

Yes, most wedding video people violate this, but you can buy wedding packs instead of favorite music.

A simple letter turning you in by someone who does not like you would mean you would owe a big fine.
 
Re: Using a song from a CD I own in a production..

Re: Using a song from a CD I own in a production..

This is a tough situation for wedding videographers. Since, it's become common practice to include copyrighted music, the wedding couple will likely not understand why you can't include their favorite Hootie and the Blowfish song. Obviously, there are a tiny number of wedding videographers being prosecuted compared to the number of copyright violations. Asking a question on a public forum was a bad idea because now there's a record of you being informed and *knowingly" violating copyright laws multiplies the damages. Sorry but you can't really win on this one. :-[
 
Re: Using a song from a CD I own in a production..

Re: Using a song from a CD I own in a production..

[quote author=Barry_S link=board=audio;num=1089072905;start=0#6 date=07/05/04 at 18:18:03]This is a tough situation for wedding videographers.  Since, it's become common practice to include copyrighted music, the wedding couple will likely not understand why you can't include their favorite Hootie and the Blowfish song.  Obviously, there are a tiny number of wedding videographers being prosecuted compared to the number of copyright violations.  Asking a question on a public forum was a bad idea because now there's a record of you being informed and *knowingly" violating copyright laws multiplies the damages.   Sorry but you can't really win on this one.  :-[  [/quote]

All damages multiplied by three.
 
Re: Using a song from a CD I own in a production..

Re: Using a song from a CD I own in a production..

Quick! Erase the thread!

signed anonymous

oops.
 
Re: Re: Using a song from a CD I own in a producti

Re: Re: Using a song from a CD I own in a producti

Please just delete the thread. I feel stupid for asking. :-/
 
Re: Using a song from a CD I own in a production..

Re: Using a song from a CD I own in a production..

[quote author=Barry_S link=board=audio;num=1089072905;start=0#1 date=07/05/04 at 17:34:52]
The legal route is getting clearances for the music you use from the publishers (through ASCAP or BMI) and the record company or the performer.  You wouldn't think that the licensing fees for a wedding video would be significant, but then again I've never met a wedding guy who bothered.[/quote]

Plenty of people do. You would be surprised. The music copyright threads in my WEVA (wedding and event videographers association) forum have HUNDREDS of entries about people attempting to pay for music rights. And that is only as far as the archive goes. It is the #1 rehashed topic.

One qoute I found was $1500 for one song. hmm.

I also read in the forum that "SYNCHRONIZATION RIGHTS used to be dealt with by the Harry Fox Agency. In 2002, they discontinued liscensing for general sychronization use." (from the forum) What to do? Every "authority" mentioned in this post would NOT consider it worth their time to go after a video producer who has used songs in someone's wedding video. They will watch it at home and not in a multiplex.

I am attempting to gain rights to one piece myself, but I know it is a waste of time. In general, I try and use the real audio from the day rather than make the whole thing a music video to U2. You have to know how to get that audio ( interviews, nat sound) and it makes editing A LOT--A LOT more difficult. But the program is A LOT more interesting. And you have to charge A LOT more for that kind of work. I offer a few solutions below for when I need some tracks. The BEST thing to do:

1) Find budding musicians who will allow you to use their work in exchange for web links, credits, etc.

2) PURCHASE buyout music. Yeah, you say its cheesy. If it were more lucrative to sell royalty free music then more artists would do it.

3) Make your own soundtrack library. I suck at that, but have been okay with doing music transitions.

a few names come to mind:

SmartSound? smart sound
flyinghands.com
musicbakery.com
music2hues.com
dawnmusic.com

For $30 a song or $60 a CD you can use that in your wedding stuff and any commercial production in the future. No headache, no wondering, no hiding under the rug. But it does add up $$$.
 
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