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Using copyrighted music?
Posted by Frank J. lozano on May 18, 2007 at 1:44 pmHow do wedding video producers use the client’s favorite music in their video when it’s obviously copyrighted? Like from a commercial CD?
Frank
Artistdavid replied 18 years, 10 months ago 11 Members · 17 Replies -
17 Replies
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Debe
May 18, 2007 at 2:05 pmOk. That was a little brief.
They do it because they either don’t know they’re not supposed to because they’re new, or they figure no one is going to catch them, so they don’t care.
Either way, the answer to “how do they do it” is still “illegally”, unless they are paying for sync rights. As we all know, that’s highly unlikely.
The “real” question is “why do they do it”, and that answer is the clients ask for it, and their excuses for breaking the law are what I wrote above.
debe
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Frank J. lozano
May 18, 2007 at 2:31 pmOne wedding video producer in business for some time has the following written in their contract with the client. Is this just transferring liability?
“Music will be provided by the client, who is solely responsible for obtaining permission to use the music”
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Ron Lindeboom
May 18, 2007 at 2:57 pmThat sounds good but it does NOT work and you cannot do the work without assuming legal culpability. The onus is on the creator of the work — the one who actually does the work for hire — and they will not divest themselves of the responsibility with a cute little phrase in a contract. They may make themselves think that they are safe but a lawyer would tell them that they are smoking crack if they think so…
The only way this is not the case is when a video producer is an employee of a company who gives them the work to do and then the responsibility falls on the company that gets the money, not on the employee who performs the work as part of their job.*
Best regards,
Ron Lindeboom
*LEGAL STATEMENT: All information in CreativeCOW.net is offered without guarantee as to its accuracy and applicability in all circumstances. Please consult an attorney, business advisor, accountant or other professional to discuss your individual circumstances. Use of the information in CreativeCOW.net, Creative COW Magazine, the COWblogs, etc., is not intended to replace professional counsel. Use of this information is at your own risk and we assume no liability for its use.
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Frank J. lozano
May 18, 2007 at 4:10 pmThank you Ron – I appreciate your expert advice.
Can someone recommend a good copy right free music library, or maybe one by subscription where you get updates.
Thanks,
Frank -
Kerry Brown
May 18, 2007 at 4:51 pm -
Frank J. lozano
May 18, 2007 at 6:58 pmThank you Kerry. Have you used the service and what do you think?
Frank
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Kerry Brown
May 18, 2007 at 10:28 pmHave not neede to use it yet. Just aware of it as I am a WEVA member. I understand that it is in the proccess of lining up some good music.
KB
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Ron Lindeboom
May 18, 2007 at 11:07 pmYou are welcome, Frank. But I am not the expert, Nick is. Me, I just get to play his side man for comic relief from time to time.
Best to you,
Ron Lindeboom
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Nick Griffin
May 19, 2007 at 10:43 amSpleeschhhh!!! (That’s the sound of the Danny Thomas ‘spit take’ I just did all over my laptop with my Saturday morning coffee.)
I’m not the expert, just the first here to start using the phrase “I’m not a lawyer… but…”
Seems to me, oh Ronnie Won Kenobi, aren’t you the guy who just put:
*LEGAL STATEMENT: All information in CreativeCOW.net is offered without guarantee as to its accuracy and applicability in all circumstances. Please consult an attorney, business advisor, accountant or other professional to discuss your individual circumstances. Use of the information in CreativeCOW.net, Creative COW Magazine, the COWblogs, etc., is not intended to replace professional counsel. Use of this information is at your own risk and we assume no liability for its use.
at the bottom of a post??
Now THAT’S someone attuned to the times in which we live. And I might add: Your mileage may vary.
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