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possible copyright question
I have a client I’m doing a TV commercial for – a cell phone local store – who want to use clips of a music video, some sports footage etc as part of an ad focusing on Amp’d mobile.
Doesn’t he have to get permission or have the rights to use that footage or haev footage cleared for use via amp’d mobile itself?
You can’t just use part of a band’s music video or sports clip in a TV commercial – correct?
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4 Replies
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in answer to both your questions, YES you must have written permission from ALL parties to use the footage, music whatever in the commerical.
Your client should be prepared to 1) spend a LOT of time and energy to find ALL paties that have to give permission AND 2) spend a LOT of money to buy the usage rights.
Harry Fox in NY used to do a lot of this clearance but I believe they have pretty much stopped doing that although you might start with them just to see if they still do it and if not if they know who can and does. Otherwise it’s not just the performers but the writers of the lyrics and music, th epublishing house, the choreographers, EVERYONE involved.
Good luck to you,Don
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pffft – I’m telling him NOT to use it – though he is insistent and seems to not get it.
I’ve started making all client sign waivers to assume full responsibility for all content in any commercial I produce – not only for issues like this but in the event they make false claims etc – I don’t want any liability not responsibilty for a client’s stupidity or dishonesty even after my warnings – let ’em pay me to edit something stupid then get sued for copyright issues
*LOL*
I WILL continue to warn and strongly discourage though before resorting to the ol waiver.
Damaged Goods
Underground Video Television
UVTV Productions -
it’s not the client that will get sued. I’ve had a couple of clients that wanted to go that route and I said NO 100% absolutely not without ALL th eright clearances and 1 said I’ll do it anyway-he might have but not with me doing the work and the other finally got it thru their heads the dollars it could cost him if he did the work without pay fi rthe rights to use the music. We used some very nice royalty free stuff instead.
The client signing a waiver won’t free you of responsibility. Be very careful.
Don -
will do I already decided not to do anything I am certain of there is a copyright issue with – period.
Damaged Goods
Underground Video Television
UVTV Productions
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