Music theft

[Jim Macmorran]

“A few got into trouble for it..” That was my comment, and I was referring to corporate clients. Big ones. They got hit with either ‘cease and desist” and/or a fine for upwards of 30k in one instance. Turns out that they could have arranged (for 3k) to get the performance rights, and perhaps publisher’s clearance as well if they’d only asked up front. The problem is: it takes SO LONG to contact each publisher and/or owner/label/etc to gain these rights. It might takes months to hear back from them. Most corporate clients’ deadlines: by the end of the week, at the latest. The way many of them get themselves backed into these corners is this: they use ‘placeholder’ music from their personal collections, or by downloading from itunes or other, and then their clients see the video, love the music and say “it’s perfect…don’t change a thing.” They don’t want to give up the music they’re hearing.

I’ve spent hours finding library music which resembles copywrited music in order to make a video that was done for a small gathering legal for web use. And they have to pay me an hourly rate to search the music, edit it, remix the program, plus the library license fees. Hey, I LOVE revisions!

jmm in STL

Jim MacMorran
Audio Engineer/Mixer/Sound Designer/Composer
http://www.macmorran.net
http://www.avatar-studios.com

[Jeremy Rasnic]

I do a lot of social videography and we’re happy to use music that the clients own and bring to us. As you said, it’s essentially a legal “backup” of material that they own that they aren’t distributing.

Hi David,

I just wanted to address something with the above quote for your benefit (and your company’s). Once you take the music and add it to video, it is no longer considered a backup. It has been sync’ed. To do this legally, you need a synchronization license that allows you to sink your video to the music or visa versa.

Without a sync license, you could still be sued (however unlikely it is that the RIAA is to go after you).

j razz

[John Frank]

Hey, sorry to bump an old topic, but I was wondering this.

I heard if you use 30 seconds or less of a copyrighted song you won’t get in trouble, that’s what radio stations do for their openings and stuff, but I’m not sure if it applies for video and getting paid… Actually I’m pretty sure it wouldn’t apply, if I saw 30 seconds of my copyrighted song on a commercial I’d be so hitting the big red sue button located on my wall

[Douglas Spotted eagle]

I heard if you use 30 seconds or less of a copyrighted song you won’t get in trouble

Someone spoke to you incorrectly. Fair Use has some very clear lines on this, and at no point does commercial work fall into the discussion of length of use.
Google “My Voice, My Choice: Copyright Caveats” for a very clear, very specific explanation of this subject.

Now that copyright violation is civil AND criminal, it pays for videographers to have a clear idea of what they’re able to do and not do.
I have to laugh, over in one of the wedding video communities, there are people bitching about how “This guy stole my video and is passing it off as his work” and the stolen video contains stolen music, stolen by the originator of the work who is complaining someone stole his video. The irony is so thick you can smell it. 🙂

Douglas Spotted Eagle
VASST

Certified Sony Vegas Trainer
Aerial Camera/Instructor