cell phone rings

[Sean Oneil]

Make the client sign a waiver.

Sean

[Shane Ross]

Yeah, that would be copywright infringement. That is a known song, and you’d have to get the rights to the music. Just like the company that made the ring tone had to pay for the right to make it a ring tone.

But like Sean said. If they are insisting, have them sign a waiver so that all responsibility is theirs when it rears it’s ugly head.

The issue, not your client. The issue rears it’s ugly….oh nevermind.

[Debe]

Not intending to start one of those debates, but isn’t getting them to sign a waiver proving that one knew it was illegal and did it anyway, therefore making one culpable?

I’ve heard several back and forth arguments on both sides. Getting them to agree to take responsibility doesn’t necessarily absolve the editor or whomever from actually being the one who breaks the law.

I just want to understand. It comes up occasionally in my business, too.

debe

[Sean Oneil]

What if some person hands you a song and says copy it to this tape with these pictures on it and give it to me when you’re done. Are you responsible for what they do with it after the fact? What about dub houses? When I send a tape master and ask for 20 copies, they don’t ask me for legal paperwork or proof of copyright ownership? Is this really that much different?

And even if you do know they are going to broadcast it and you suspect they don’t have permission, I’m not sure there’s any legal problem with that. If I see Kate Moss snorting coke in a public place and choose not to call the cops, could I be charged with a crime for not being a tattle-tale?

Now if we’re talking about sound fx or stock music from a library that originates from within your post production house, then I could kind of see Debe’s argument. This is something that an editor made available for the client which previously was not available or unknown to the client. But if we’re talking about a song that the client provided the editor (or easily could have) then it’s really hard to put any blame on the editor IMO as long as the client signs something “promising” not to broadcast it without the legal right to do so.

Sean

[Arnie Schlissel]

[Perch] “I think this comes very close to copyright issues”

Not close, but rather right on target. They need to produce a license from the composer for you to legally include that in the video.

And there is no waiver that they can sign that will transfer your liability to them. That would be like a money launderer signing a waiver for the person he’s converting the cash for.

Disclaimer: I’m not a lawyer, nor do I play one on TV, or do I edit TV shows about lawyers.

Arnie
https://www.arniepix.com

[Todd Perchert]

Thanks everyone for the help. I know these songs are provided on a payment basis from either the cell phone provider or a 3rd party provider, and they are provided for personal use. This will be an issue for my management to deal with. I am always having to bring up copyright issues – I even had someone mention that “Todd was going to have a problem with this.” Well, yes, I do. And quite frankly, everyone in this business should.
Anyhow, thanks for the replies!
TC

[Todd Perchert]

Sean – definitely, I don’t see this as something that I, or the TV station, has to worry about. Any spot that comes in is assumed to be legal. I don’t think we can do business any other way, not with the number of spots that come in each week. It’s up to the producers to make sure that it’s all kosher. Since we are the only station this client is airing on, I don’t want to see them get into a mess with copyright issues. This is more of me trying to keep a client, than just turning them in. Plus, I’m hoping it reinforces the fact that they really should get their commercial done professionally with us. Although, it will probably just upset them, since I told them I couldn’t do what they wanted in the first place, because of copyright issues. And what they wanted didn’t target the right people for their company, but that’s a whole ‘nuther issue. :^)
TC