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copyright infringement
I was recently asked by a parent of a high school student to video a play her daughter was in. After checking with the people producing the play about licensing, they said they worked with Play Scripts Inc. to get the proper rights for the performance. There were two popular copyrighted songs recorded by the original artists that were used in the play. I haven’t made the video yet, but I was thinking of using one song for the menu page and one for the credit roll. Seeing as how they used the songs in the play, can I use the same songs in the video?
After reading some of the posts about music copyrights, I’m curious as to whether this constitutes infringement. If so, I’ll have to think of something else. Thanks! -
6 Replies
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Pete, the school paid Play Scripts Inc. for the rights to perform the play – and that’s all they paid for.
Videotaping it is the second issue and I have no idea who you’d have to approach to get those rights.
Music rights are the 3rd issue and, once again, I’m not sure who to approach.
I do know that school plays are videotaped all the time and I haven’t heard of anyone being sued yet.
Please understand that I’m neither condoning nor condemning the practice, just saying that it happens all the time. -
This is correct. When you pay for play royalites it is for PERFORMANCE rights only. You are not supposed to make a video of a performance. It doesn’t matter if admission is charged or it is free. Using copyrighted music in the production is indeed a different question altogether. I know it is done frequently, but that is the rule on play and musical performances.
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A quick note to add to the following replies you got….
To just avoid these wonder if’s dilemma in the future,
and presuming you are in the videography business, i would
suggest you simply purchase a few royalty free music online,
so can can use again and again for your varied projects as
they come in. (Many are really affordable).It can be software based from something like Sony Cinescore
to Smartsound Sonicfire or Your choice of music library that
can be found on an unending list of sites online.Just grab a few, put them down and you are all set for now
and many projects to come without any legal worries.Steve Rhoden
(Cow Leader)
Creative Arts Director and Film Maker.
Portfolio at:
http://www.youtube.com/hentys -
If I remember correctly you’re going to need 2 licenses in order to use that music. 1) license to videotape and 2) a sync license to sync the music to the video.
I had read somewhere, but sorry now I don’t remember, of a central clearing house for licensing popular music. Ask around the forums, expecially maybe the Cow’s Audio Professionals or Business Practises Forums.
Allen
ASX Media Group, Inc.
http://www.asxvideo.com
NEW DVD – Europe, Trains-n-Trams -
> When you pay for play royalites it is for PERFORMANCE rights only.
Yea this is key. I did a video for a school that was performing Disney’s Aladdin Jr. The company they licensed it from said there was an additional license fee for video rights which the school gladly paid (about $50). This still only allowed people to video tape the performance for their own private use but the school could not sell a video that I made for them. No amount of money could buy that. Disney simply doesn’t allow it. So I would have the school check with Play Scripts Inc. to see if they have the right to video tape the performance and then do you have the right to sell the video (assuming the parent is paying you for the work).
As for the songs, you really need to talk to a copyright lawyer. I would use royalty free music that sounds similar for the DVD menu. For the credits, I suppose you could use the song from the live performance since it is just playing back what was already recorded, but even then, a lawyer is the best person to ask.
~jr
http://www.johnrofrano.com
http://www.vasst.com -
Hi Pete
Here’s that article I was talking about. It was from Videomaker Magazine.https://www.videomaker.com/article/809/2/
This is page 2 but you can get right back to page 1 easlily enough.
Hope this helps get you started.
Allen
ASX Media Group, Inc.
http://www.asxvideo.com
NEW DVD – Europe, Trains-n-Trams
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