Weddings & Music

A

Andrew J. Allsbury

Well-known member
I have just recently started a production company and will be doing some weddings while I am getting the company rolling. I have noticed many of the wedding "highlight reels" and "trailers" feature copyrighted music. Is this something that could possibly cause a legal issue? Or is it because the videos are made for home viewing that it falls into a gray area? Also if it is in the gray area what are the implications of posting a video with copyrighted material in your online portfolio?
Thank you for your input, it is greatly appreciated!
 
If you use copyright protected music without permission, you run a risk of being sued. If you make a profit off the project, that actually increases your risk. It's a grey area, true. But if you are trying to create a business from that, is it worth the risk?

Now if you are just recording what is going on in the ceremony and not "adding" the music in post, the grey area goes a little more the the lighter shade of grey. Grey areas are tough calls.
 
Andrew J. Allsbury said:
I have just recently started a production company and will be doing some weddings while I am getting the company rolling. I have noticed many of the wedding "highlight reels" and "trailers" feature copyrighted music. Is this something that could possibly cause a legal issue? Or is it because the videos are made for home viewing that it falls into a gray area? Also if it is in the gray area what are the implications of posting a video with copyrighted material in your online portfolio?
Thank you for your input, it is greatly appreciated!
Click to expand...

There's nothing "grey area" about it - it's pure black and white. Any time you copy a copyrighted work you need a license from the copyright owners, except under very clearly defined conditions. The only thing uncertain is whether a copyright owner will discover you're using their property without permission and come after you. If they do, it absolutely could cause a legal issue for you. Even if they don't, IMHO it's also an ethical issue - you wouldn't want someone to take footage you shot of a wedding and incorporate it into a project they're being paid to do for a client without including you in the deal, would you? Whether it's made for home viewing or public distribution has nothing to do with it. Whether you do it for free or get paid for it has nothing to do with it. Anytime you copy a copyrighted work, except for your own strictly personal use (ripping a CD you own to your mp3 player, for example) or under the very limited circumstances defined in the law as "fair use" (and wedding/event video doesn't even come CLOSE to what the law means by fair use) you need to secure a license from the copyright owners. The implications are that the copyright holder sues you and gets a large enough judgement against you that you lose all your assets. It doesn't happen very often but it does happen.

FYI, even things you think are fair game often aren't. Time-Warner owns the copyright to "Happy Birthday" and enjoys a tidy little revenue stream from royalties collected every time its used on TV or in a movie or performed in public.
 
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