Asked to steal

[Mark Suszko]

So if I read this correctly, the client is telling you to use music without proper legal clearances for it?

[Wiremu Harpuka]

Absolutely.

[Wiremu Harpuka]

I wanted to add; not only that but they want me to find it and download, and or, find it and rip it.

[Walter Biscardi]

The answer quite simply is “no.”

If you do this then you are the one who is going to take the fall should it come back to bite you. You did the download, you ripped it into the format required for editing, you put it into the video…

In other words you are going to do everything illegal. Your client is simply asking you to do it, but they get no blame for it.

You have the choice to say no.

Walter Biscardi, Jr.
Editor, Colorist, Director, Writer, Consultant, Author, Chef.
HD Post and Production
Biscardi Creative Media

Blog Twitter Facebook

[Andrew Rendell]

I consider that there is such a thing as professional reputation, it’s hard won and easy to lose. As such, where I might be happy to “bend the rules” under certain circumstances in my personal life, I do not break the law in my professional life unless there’s a damn good reason to do so (and I’m sanctioned by someone who is more, or at least just as, legally liable as I am).

Where the general public might reasonably be unaware of the intricacies of intellectual property law (copyright and so on), there isn’t IMO any excuse for someone working in the media not to have a basic knowledge of what’s allowed and what isn’t.

[Mark Suszko]

My standard answer to clients that ask to do this:

“Sure, as soon as I hear from your legal department that it’s been okayed”.

This almost always kills the bad idea at the soruce. They may not believe it comign from you, but their own internal legal office is not to be ignored. Moreover, they will often be too scared to even ask their legal department, so the illegal copy idea dies quick either way.

[Wiremu Harpuka]

Yes, thanks for putting it so well – it is good to see the facts stripped of the chatter around this sort of question.

[Todd Terry]

Obviously a no-brainer, you don’t do it.

Nor would I accept “suspicious” tracks from them either should they decide to provide their own, without documentation that they own the rights. I’d never ask for that from one of my usual clients who provides their own audio, but in this case they have not only proven they are willing to steal it, but ask you to do the dirty (and illegal) work for them.

You might need the work, but it’d be even tougher to pay the bills while facing a gigantic (and I mean staggeringly big) monetary judgment against you from Sony or BMG or other big outfits with deep pockets and lots of lawyers.

That, and it’s just plain wrong.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com

[Wiremu Harpuka]

Thanks for your comment – sound advice (so to speak).
Unfortunately, or perhaps otherwise, I am not always at the level of dealing with Legal Departments, In this case it is a small company making vid’ for consumers (let us call them “happy couples”)…I have just been told that it is not “stealing” and that the producers/distributers of the music do not really “mind” as the demographics are not really an issue!

Point is; at least several people are making money in the process, while others are deemed, by reason of distance, not worthy.

The question is still alive, though, even at this humble level I think. As the poster above rightly made the point that reputations are hard won and easily lost…

I think I may be wittering-on so I will stop for a second 🙂

[Craig Seeman]

Sadly this is too common even in corporate video.

If a client hands me music that doesn’t seem like royalty free (sound like a known tune) I’ll ask if they’ve cleared the rights?

If they ask me to rip music the answer is a flat no. I’ll offer Smart Sound library selections or they can select buy out music of their choice otherwise.

Often clients will give excuses like “it’s only for internal viewing.” That’s a ticking time bomb. I once worked in a facility where another editor did this for one of those “internal viewing” videos. Shortly after the viewing, one of the employees viewing was laid off. The employee had a VHS copy (that long ago) and decided to get revenge. Well the short story is the music rights holder won the lawsuit.