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Home: Video University Forums: Marketing & Business:
Music Copyrights...

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Richard Miller
Novice

Feb 22, 2006, 8:07 PM

Post #26 of 37 (1298 views)
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Re: [bullshark] Music Copyrights... [In reply to]	Can't Post

I understand what you are saying, but it would seem that once the brides parents get there copy all bets would be off. I could always sell one copy for home use, but I wouldn't mind selling a few copies to relatives also.

bullshark
Novice

Feb 22, 2006, 8:33 PM

Post #27 of 37 (1294 views)
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Re: [Richard Miller] Music Copyrights... [In reply to]	Can't Post

In Reply To

I'm trying to see the logic here.

Is it illegal, or immoral even, to give a store bought CD to somebody as a gift?
I hope not, for the very survival of the music industry. Let's assume not.

So, push this further. You buy one song in download format, but it's to be a gift. No way, no how you can give this to somebody as a gift unless you burn it to CD first. Is it illegal? If it is, then the first proposition is also, so everybody who ever given a music CD to somebody as a gift is a criminal. So, in essence, we have to assume not, just considering the simple fact that no judge anywhere could preside the accusation, they'd have to put themselve in prison first; Not to mention the license fee for home listening was paid for in the first place.

So here I ask again, give it to somebody as a gift standalone, or give the same thing accompanied by video, where's the difference?

Richard Miller
Novice

Feb 23, 2006, 1:20 AM

Post #28 of 37 (1282 views)
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Re: [bullshark] Music Copyrights... [In reply to]	Can't Post

the interpretation as I see it:
disclaimer. backyard lawyering is fun y'all!

customer buys cd to listen in home. legal
radio station buys cd from walmart for on air play: illegal
Bride brings in cd to use on on dvd: most likely illegal
said bride burns 20 dvd's of wedding with song on it: illegal
Purchasing a cd from sam goodies to gift: legal
ripping a copy of the cd before gifting:illegal
buying a download song and burning it to a cd to gift: illegal
sending a gift certificate for online music: legal

on buying a cd as a gift. As the customer of the cd you are merely it's custodian until the intended party breaks the cellophane wrapper. The purchaser of the cd is only a distribution point. not the end user.

chucksav
User

Feb 23, 2006, 3:19 AM

Post #29 of 37 (1275 views)
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Re: [DSE] Music Copyrights... [In reply to]	Can't Post

Has anyone on this list successfully licensed any commercially recorded music (pop, classical, soundtrack) for use in a professional wedding video? How did you do it? Who, specifically, did you talk to? Don't tell us about faceless corporations & agencies. We want the names & phone numbers (or at least email addresses) of real people here.

DSE
Veteran

Feb 23, 2006, 9:02 AM

Post #30 of 37 (1263 views)
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Re: [chucksav] Music Copyrights... [In reply to]	Can't Post

Yes. I licensed 2 cuts from Jonathan Cain's piano album from Higher Octave Music.
Debra Holland is the contact there, I don't have her email handy on my laptop, but HOM is easily found on the web.
How? Called them, asked for a price, it was sub 200.00 for up to 30 copies.

Douglas Spotted Eagle
Author, producer, composer
www.vasst.com
"I enjoy music, long walks at sunset on the beach, and poking dead things with a sharp stick."

chucksav
User

Feb 23, 2006, 12:32 PM

Post #31 of 37 (1248 views)
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Re: [DSE] Music Copyrights... [In reply to]	Can't Post

Thank you for that, Doug. It's good to know that someone has been able to do it. I have attempted, at one time or another, to contact BMG, Disney, MCA, Reprise and others. I have never gotten a reply to a phone call, email or letter. What's a po' boy to do? And my apologies for sounding a little strident here, but not using the first dance piece or music performed live at the ceremony (and recorded well, not incidentally) is simply not an option.

Anyone else have a success story to share?

C

DSE
Veteran

Feb 23, 2006, 8:05 PM

Post #32 of 37 (1234 views)
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Re: [chucksav] Music Copyrights... [In reply to]	Can't Post

But you *can* use music from the dance, live or not, so long as it's not ripped. If it's ancillary, and you don't use it as your foundation for editing, it's not a problem.

Douglas Spotted Eagle
Author, producer, composer
www.vasst.com
"I enjoy music, long walks at sunset on the beach, and poking dead things with a sharp stick."

ssvp
User

Feb 24, 2006, 2:44 AM

Post #33 of 37 (1219 views)
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Re: [DSE] Music Copyrights... [In reply to]	Can't Post

If you want to get the labels to listen and start some licensing programs for weddings (not like they don't know considering how long wedding videos have been made. Consider Kazaa and Napster didn't last nearly as long).. Anyways.. You could try this:

Dear RIAA,

I own a very successful business in Wedding Videography. I usually use Kazaa and Sharazza to download all my songs for free to edit and sync with moving pictures to deliver to the Bride and Groom at a price range of $1000-$4000 per video. If I can't find the song I look for the 12-14 year old kids you haven't slapped with a lawsuit to burn them for me. However, I must say I feel kind of bad about downloading the music, but as far as I know it's "FAIR USE" and you'll never catch me COPPER!

P.S. I ripped that RIAA logo off your site and am using that in my videos as a WARNING TITLE to prevent anyone else from copying my original created content and FAIR use music.

Signed yours truly,
ACME Videography

So you could try that route, at least I think you might possibly get an ear to listen of course it would be a good time to say that you don't actually download, etc..etc.. BUT while your listening..:)

(This post was edited by ssvp on Feb 24, 2006, 4:19 AM)

DSE
Veteran

Feb 24, 2006, 9:29 AM

Post #34 of 37 (1212 views)
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Re: [ssvp] Music Copyrights... [In reply to]	Can't Post

The RIAA can't do anything for a wedding videographer.
The RIAA *can* do something *with* a WEVA or 4Evergroup or Videouniversity, or Knot, or other large group that has the $$ and motivation. Wedding videographers need to deal with LABELS, not RIAA. The publisher of the music is the only source that has the right to provide a sync, mechanical, and performance license for a piece of music. The RIAA is merely a collective organization of the publishers and labels. Trying to get them to do something regarding an individual piece of music is like a bride going to WEVA to ask that a videographer (who may or may not be a member of WEVA) give her a DVD from her wedding.

Douglas Spotted Eagle
Author, producer, composer
www.vasst.com
"I enjoy music, long walks at sunset on the beach, and poking dead things with a sharp stick."

ssvp
User

Feb 24, 2006, 7:38 PM

Post #35 of 37 (1198 views)
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Re: [DSE] Music Copyrights... [In reply to]	Can't Post

Hence.. Why I mentioned Kazaa and Sharazza.. I personally would just like a letter from the RIAA as well telling me the same thing BMI, ASCAP, HF (Used to) all say, Keep it under 10 buddy and you'll be ok.. I figured a nice RIAA letter head would be neat..:)

DSE
Veteran

Feb 24, 2006, 10:10 PM

Post #36 of 37 (1194 views)
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Re: [ssvp] Music Copyrights... [In reply to]	Can't Post

I'd like to see one letter from BMI or ASCAP saying "keep it under 10 buddy, you'll be OK." I'd pay money to see that. And then I'd immediately sue ASCAP, since they're my performance rights agency (been a member for 27 years).

Douglas Spotted Eagle
Author, producer, composer
www.vasst.com
"I enjoy music, long walks at sunset on the beach, and poking dead things with a sharp stick."

ssvp
User

Feb 27, 2006, 1:13 PM

Post #37 of 37 (1148 views)
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Re: [DSE] Music Copyrights... [In reply to]	Can't Post

Well this is good enough for me..

Here's what I did.. I found this post on the web

"Of course I have no way of verifying if this is true or not, but I spent the entire morning on the phone with BMI and ASCAP first... who referred me to Harry Fox in New York for a sync license, then Harry Fox no longer does sync licenses so I was refered to sesac.com (both by Harry Fox, and ASCAP) I called the representative at Sesac, and they said that if I am providing less than 10 copies of music (for weddings or small events) then I acuatlly can have the end-use provide me with the music they would like in their video.
If they do not have the music, I can buy the music for them, and so long as I charge them for the music in addition to the amount of our contract. So if I make a video for $1000 and its $12.99 for the CD containing, for example, "UB40 - Can't Help Falling in Love" then I can simply charge them $1012.99 for their video and then give them the CD as well. This is because it is considered personal use and you are not responsible for what they do with the other copies...they are essentially backups.
Now if you want to film a high school graduation, its different because you are going to be distributing the video to over 200 people and you would have to contact the individual record company for a master use license. I hope this helps all of you, and I hope SESAC is a reliable source because the lawyers I contacted even couldn't really help me this much. As a side not SESAC has been in business for 75 yeras so I would hope they know what they are talking about. If they down, I am keep thourough notes and they will be hit with a lawsuit if I am. "

So I contacted SESAC to Confirm this or deny this.. Here's what I just got back this morning

-------- BEGIN SESAC REPLY -------
I can confirm this. It came directly from me to begin with

Jayme L Calhoun Paulk
Director, Business Affairs
SESAC, INC.
55 Music Square East
Nashville, TN
--------- END REPLY --------------

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