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Home: Video University Forums: Marketing & Business:
Use of Copyrighted Music in Personal Videos

X-Keith_Smith
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Aug 16, 2003, 4:59 PM

Post #1 of 8 (1583 views)
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Use of Copyrighted Music in Personal Videos	Can't Post

Trying to get an idea of whats legal here. I am researching starting a small video editing business for editing home video and photos onto DVD and VHS. I have potential customers requesting that copyrighted music which they have purchased legally be used on the sound track of their personal videos which I intend to edit for them strictly for viewing in their home.
I can't seem to find a straight answer as to the legal aspect of this. There are many video editing companies out there now
claiming it is fair use if the customer supplies the audio they have previously purchased to be used in a video slide show for home viewing only.
Any comments welcome.
Thanks, Keith

X-Jim_Colman
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Aug 16, 2003, 5:16 PM

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Re: Use of Copyrighted Music in Personal Videos	Can't Post

Keith,
I don't know if it's legal or not. Whatever you do in the privacy of your studio is
your business. Do not use while driving. Your results may vary. Not to be used
by children under 18. Wash before using.
Now that the legal disclaimer is out of the way this is what many in our field do.
For home use only, have the client bring you the music. Have them sign a release
that makes them responsible for any and all copyright issues. The same goes for
any footage they bring you.
For corporate clients, don't do it. If they insist, have them bring you a signed
release from the copyright holder or publisher or offer to get it for them.
There is a fee involved, but it's usually pretty reasonable. I have a client
that wanted me to make a music video for them to put on their website. The music
is from a fairly popular song. I contacted the publisher and was told
that the fee would only be $1500 every six months.
Anyway, use your best judgement but protect yourself and your business.
Jim Colman
Horizon Productions

X-Steve_Yankee
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Aug 18, 2003, 10:36 AM

Post #3 of 8 (1582 views)
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Re: Use of Copyrighted Music in Personal Videos [In reply to]	Can't Post

A good response from Jim, and let me add my
.06, allowing for inflation.
Here's an article I wrote on the subject;
discusses the pro's and con's of the music
licensing dilemma. Maybe it'll be of some
help.
Steve

X-TaraRebeka
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Sep 2, 2003, 4:12 AM

Post #4 of 8 (1582 views)
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Re: Use of Copyrighted Music in Personal Videos [In reply to]	Can't Post

Hey Steve,
Just read your article (thanks for enlightening those of us who'll probably never
get around to asking an attorney). I did have one question tho', what if your
client doesn't have a copy of "Name of Popular Track Here", is it alright to charge
them a fee to purchase said CD or track and then include it with their finished
product? What if it's one song you can get at iTunes Music Store? Can you charge
them the $.99 and give them a CD with one track on it?
Curious to hear your take on this.
-Tara

X-Steve_Yankee
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Sep 17, 2003, 9:32 AM

Post #5 of 8 (1583 views)
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Re: Use of Copyrighted Music in Personal Videos [In reply to]	Can't Post

: Hey Steve,
: Just read your article (thanks for enlightening those of us who'll probably never
: get around to asking an attorney). I did have one question tho', what if your
: client doesn't have a copy of "Name of Popular Track Here", is it alright to charge
: them a fee to purchase said CD or track and then include it with their finished
: product? What if it's one song you can get at iTunes Music Store? Can you charge
: them the $.99 and give them a CD with one track on it?
: Curious to hear your take on this.
: -Tara
Boy, that's a good one, Tara! You know, at first blush it
SOUNDS like a deft step around the rules...but since I am
not an attorney, I'm going to ask mine; it'd be worthwhile
to get a legal opinion on this. I'll post it after I talk
to him.
Regardz,
Steve

X-TaraRebeka
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Sep 22, 2003, 7:57 PM

Post #6 of 8 (1582 views)
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Re: Use of Copyrighted Music in Personal Videos [In reply to]	Can't Post

Yes, please do...
Again, I'm really interested to hear what you and your attorney think about this.
The last thing we need to do is give the RIAA another target to come after.
;^)

X-Keith_Smith
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Sep 27, 2003, 6:25 PM

Post #7 of 8 (1582 views)
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Re: Use of Copyrighted Music in Personal Videos [In reply to]	Can't Post

Would just like to thank you all, the replies and comments have been very helpful. I'll be eagerly checking back in to hear what Steve's lawyer has to say also.
Thank You All.

X-Aleisha
Imported Account

Feb 28, 2004, 4:09 PM

Post #8 of 8 (1582 views)
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Re: Use of Copyrighted Music in Personal Videos [In reply to]	Can't Post

What if you made a 3 min. film for a contest and used some music on the IMAC at school when you edited it. You used maybe 30-40 sec. of music and it's from a band you never heard of, can't find them on the net and now that you showed it in class someone wants to put it on free cable show? Do you still have to find the band for permission to use it?
Aleisha