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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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Dave,
If Digital Juice claims they have the rights to give you rights and you abide by the license agreement then I don’t know what else you can do. I suppose you could contact DJ and ask them to indemnify you in the event of problems with their IP contracts or have them provide a statement of ownership. But I am skeptical that you’ll get much in the way of cooperation along those lines.
Frankly, it’s not worth worrying about. The production music industry is well established and no organization in their right mind is going to offer IP rights without having an ironclad contract in place.
Relax and tell your client yes.
Dave
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Thanks Dave. I appreciate the comments and I agree.
Dave Messinger
https://vfwTech.com https://VideoByDaveAnd on YOU TUBE – VideoByDave
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