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Video and Music Copyright laws, Canada
Hello, not sure if Im in the right forum section so please put me on the right one if it isn’t….
My question is with music used in produced videos. Promo videos or other, profitable gain or no prifit. What are the rules in LAW, that say we can use any tpe of music we want or we must use copyright free music or have obtained the rights to the music for that application etc.
My understanding of the Canadian Copyright Act is that the use of music in a promotional video falls under the “Acts Undertaken without motive of Gain” exemption of the act. I am not a lawyer, but this is what a professor at the Trebas film school teaches his students. Even music used in movie trailers is exempt from the copyright act with no licence required.
In reference to a waiver, people videotaped in a “public space” do not fall into consideration legally where a release or waiver is required. Otherwise every firefighter or police officer caught on camera, or any fan in the stands at a hockey game would be required to sign a waiver.But what a bout a family and child, or children on their own, that are playing in a park or wlaking on trails etc.
Please advise,
Thanks,
Tony -
2 Replies
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would that it were so simple. regarding people in public spaces; there is no right to privacy in canada, but producers have been stung for defamation when sued by an “anonymous” person in a visual that was used as b-roll for script with which the subject disagreed. have a look for The Journalists Legal Guide by Michael Crawford for more on that subject. I’ve also been advised by doc producers that you’re always wise to get consent; one producer related the story of shooting a high school basketball game after handing out a loonie [$1 coin] and obtaining a signed release from everyone in the room. it’s not a contract unless there is some consideration exchanged for the signature, apparently.
I have to ask though, how ‘use of music in a promotional video falls under the “Acts Undertaken without motive of Gain”‘. Isn’t most promotion done in the expectation of future gain? Isn’t the production house “gaining” by billing the client for producing the promotional video? Don’t composers deserve to get paid for their efforts? I know editors like to.
That said; I just had a look at the Act, and it’s pretty clear that one shouldn’t rely on legal advice from a Trebas “professor”!
https://laws.justice.gc.ca/en/C-42/
https://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_main-e.html -
I disagree with the professor on this one.
If you used a Hot Hot Heat song on a wedding video where 1 copy went to the bride and groom and 1 copy to each set of parents I ask myself “who’s going to chase you down”? Use the same song for a corporate video or even your own demo reel where 1000 or 10,000 copies are distributed through a promotional mail out or it’s being played to a large audience and you’re asking for trouble.
Everything has it’s price. Can you or me negotiate with Celine Dion’s agent to use her song on our production? Probably not but James Camerons epic The Titanic was privilelged to have her work on the sound track and that exclucitivty is what sets things apart and gives value. When we access “free music” we probably don’t charge much for out project either. If we don’t pay for our music or software we can work cheap and under cut the competition and this is what happens in our industry. We cut our own throats. Buy your own software and royalty free music and charge a respectable fee. Clients respect that. Royalty free music has never been cheaper and there is some really decent tracks out there.
Regarding waivers, there is also a big issue of “NEWS” at play here. Firefighters etc etc could sue if they were used in a movie but if something happens in a public place and quallifies as “NEWS” it can be broadcast on the news or printed in the news paper as such without permission. Otherwise politicians, criminals and victims would block 90% of the news. (Oops, I guess my 1st. 2 examples really are the same thing) Any other use for such material requires releases.
Check the corporate and event video forums for more on this topic.
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