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Indemnification to client regarding Royalty Free Music from Digital Juice
I am an video editor/producer.
I am producing a DVD and using 30 seconds of Digital Juice music that I own the license for, and am following Digital Juice’s End User License Agreement (EULA) – the music is being used as an integral part of multimedia works I am creating.
My client has asked that I be willing to indemnify them should they be sued for “claims of copyright infringement,and for additional compensation or for payment of royalties” regarding the DJ music I used in the DVD.
I know the likelihood of such a suit would be incredibly small. Perhaps if the tune became a hit, and the composer went back to DJ and said or proved that their original contract was somehow in error, and DJ was not able to defend it – it’s a possibility – very unlikely. But a possibility I guess.
In my words, the client is asking …. “Do I feel confident enough about DJ’s EULA that I am willing to indemnify them should they be sued for use of the specific music in their DVD. ?
As fellow video editors and DVD producers, would that kind of assurance cause concern to you ?
Or how best you would resolve this situation ?
Dave Messinger
https://vfwTech.com https://VideoByDaveAnd on YOU TUBE – VideoByDave
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2 Replies
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The guys at the Juice are very helpful and should be able to write a short not on letterhead saying that the “royalty free” tracks they license to you are in fact “royalty free”.
But really, that’s what royalty free is. I understand clients can be a bit troublesome; it sounds to me like your direct client might be caught in the middle of you and their legal department.
Be nice to her/him and tell them it’s ok and kindly ask Juice to write you a very quick note.
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Rick Dolishny
http://www.thecreativeprocess.ca -
Thanks Rick. I appreciate your comments. I can understand the client wanting assurances that whatever I place in their product will not come back to bite them, and I think producers have to trust a company like Digital Juice that the product is truly free from future challenge. That’s what they are in the business for. However, indemnification sure makes you think things through.
Dave Messinger
https://vfwTech.com https://VideoByDaveAnd on YOU TUBE – VideoByDave
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