My primary business is videotaping live bands, mostly local area bands. So far, I've done festivals and club sets. I have two issues I need advice. Please don't say "consult a lawyer." I intend to do this, but don't even know where to start or what to ask.
First, I need to be able to distribute a demo tape showing short segments of videos I've done for the bands. Some of the bands' material is their own work (they wrote and own the copyright) and some is not (I hope they have Performance Rights!). Question -- do I need to pay any short of royalties and/or obtain permission to use copyrighted music in my demos that promote my videography business. Keep in mind I'm NOT selling music videos -- I'm selling a videography service to other bands.
Second, I usually videotape a band's set or performance, then deliver the master tape and copies to the bands. This is what I'm selling -- a tape of the band's performance to the performing band, not for distribution. Do I have to pay any sort of royalties here? Also, do I have to worry if the band duplicates the video then sells it?
Any practical advice in this area would be appreciated!
Richard

Hmmmm, I'm asking myself a similar question. Am doing a local history of
music bands series of tapes to sell. And am wondering if we need
to cut the bands in on any sales. Wont be playing entire songs, just
excerpts and interviews.

Kind of a different animal than what I'm doing. The difference is,
I'm not selling the videos I'm making except to the band itself.
In your case, you're making a video of the bands for sale. If I
were you, I'd definitely obtain written releases from each of the
bands on the video, and state in the release what your compensation
is to the band, if any. My experience for compilation videos is
that most local bands are happy to be included on the video for
little or no compensation -- they're just happy to have the exposure.
This is, I'm sure, not true for nationally recognized bands -- they
most certainly would want royalties.

 
























: Kind of a different animal than what I'm doing. The difference is,
: I'm not selling the videos I'm making except to the band itself.
: In your case, you're making a video of the bands for sale. If I
: were you, I'd definitely obtain written releases from each of the
: bands on the video, and state in the release what your compensation
: is to the band, if any. My experience for compilation videos is
: that most local bands are happy to be included on the video for
: little or no compensation -- they're just happy to have the exposure.
: This is, I'm sure, not true for nationally recognized bands -- they
: most certainly would want royalties.

To the first poster: If all you're doing is using snippets of work examples
(fair use doctrine allows you eight seconds? perhaps) And all you're
doing is saying that these samples are examples of what I can do,
then I think you're OK copyright-wise.
To the second poster: You definitely need permission if you're going to SELL
what are essentially compillation tapes of Bands' work. And if those
bands perform covers of other bands' songs, you'll need permission
from the original artists who wrote those songs.

I Film Blues & Rock Bands. 1st I ask the Bands & The Clubs Permission. If they both agree that it's ok with them. Then I Create My Masterpeices.
I Ask the Bands to pitch in for ink, paper, cd's, vhs tapes for copies if any. so the bands end up buying the supplies, saving money.
I own the Masters and they have any rights to Them. I also Record the shows with a Tascam 8-track, for Audio Archives. (LIVE CD"S) These shows are only for Review Work, Archive purposes, Demos, and alot of Fun to Have.
I do not sell anything, I keep the Masters. Bands Buy the supplies.
This way nobody feels any need to worrie. of course you got to know who the person filming is, and get information about them.
WHO DO YOU FEEL OWNS THE WORKS. The Bands own their work, The Clubs do their thing, I own my Work .
Bartering Power. and the bands save lots of money.
http://dinopelletier.maxplanet.com/
bskstudio@optonline.net EMAIL ME

 
IF ONE GETS PERMISSION TO RECORD, OR VIDEOTAPE, A BAND. THE VIDEOGRAPHER SHOULD KEEP IN TOUCH WITH THE BANDS.
AND LET THE BANDS FEEL THAT THEIR PERFORMANCE IS IN A SAFE PLACE, IN GOOD HANDS. NOT A HIT AND RUN.
I'VE DONE AN ENTIRE YEAR ON THE ROAD, FILMING BANDS. ALL THE INS AND OUTS CAME AND WENT.
THE VIDEOGRAPHER OWNS THE MASTER BUT DOES'NT OWN THE MUSIC. BECAUSE THE BAND PLAYED THE MUSIC, WEATHER ORIGINAL OR COVER MATERIAL.
COPYRIGHTS WOULD APPLY TO ORIGINAL SONGS. NOW THE VIDEOGRAPHER MUST GET PERMISSION TO FILM THE ORIGINALS.
WITH THE UNDERSTANDING THAT EACH (the band & videographer) HAS CERTIN RESPONSIBILITIES TO EACH OTHER. IF ONE BARTERS THEN THATS COOL.
IF ONE SELLS THE PRODUCT THEN THATS COPYRIGHT TIME. WHICH CAN BE BOTH THE BAND AND VIDEOGRAPHER, AND OR EACH.
BUT A VIDEOGRAPHER CAN'T SELL A BANDS ORIGINAL MATERIAL WITHOUT PERMISSION.
NOR CAN A BAND DUPLICATE OR SELL A VIDEOGRAPHERS WORK WITHOUT PERMISSION. SO YOU SEE YOU'VE GOT TO WORK THINGS OUT.
I'VE PRODUCED COLLECTIONS OF(the best songs from steady) GIGS ONTO ONE 6 HOUR VHS TAPE. PRODUCED MUSIC VIDEOS,STUDIO CD'S, LIVE CD'S.
CONCEPT VIDEOS. NEVER MISSING A GIG (very important) IF YOU WANT A LIBRARY OF LIVE GIGS.
BAHAMA KIN STUDIO PRODUCTIONS 2002