Video for sporting event

[Joseph W. bourke]

Sure – they license it by paying for the rights to use it. Anything else is lawsuit territory. Here’s a good first-hand article on what happens when you don’t license the music:

https://daredreamermag.com/2011/12/07/the-music-licensing-chickens-have-come-home-to-roost-in-wedding-and-event-videography/

Joe Bourke
Owner/Creative Director
Bourke Media
http://www.bourkemedia.com

[Todd Terry]

That’s gonna cost ’em. Big.

We almost exclusively do broadcast work, but one time a corporate client did want us to license a particular music track for use in a trade show video… the track was only a semi-popular (at best) song about 25 years ago, but they wanted it because it did fit the theme of their video.

This license was for playing in a trade show booth for one weekend.

The damage… $25,000.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com

[Chuck Obernesser]

Thanks all for posting back. I pretty much knew that would be the answer but I didn’t know if teams had a special wavier or some type of permission to use songs. To go one step further, what if we recored a local band playing that song. Can we use that?

[Nick Griffin]

[Chuck Obernesser] “what if we recored a local band playing that song. Can we use that?”

NO. The song is still the property of its composer and/or music publisher.

[Chuck Obernesser]

That is what I thought as well. But just didn’t know if there was a way to us ethe song they want. Thank again all.

[Mark Suszko]

There is also a possible issue regarding if the venue itself has paid for the permission to play it. Wanna make HUGE bank in this industry? Become a media rights lawyer.

[Joseph W. bourke]

One workaround – is to purchase a copyright free piece of library music which sounds somewhat like the original track. You can find these all over the place with titles that are very similar to the original cut – for example, a “Black Dog” sound-alike might be titled “Black Fog” – even band styles can be found – a Rolling Stones sound-alike might be called “The Stones are Rolling”, or something like that. Pond5 has a lot of affordable music in a wide array of styles. You might want to check them out.

Joe Bourke
Owner/Creative Director
Bourke Media
http://www.bourkemedia.com

[Todd Terry]

[Chuck Obernesser] ” I didn’t know if teams had a special wavier or some type of permission “

Well, since they are semi-pro, the best you can hope for is that they only get semi-sued. 🙂 Kidding…no, there’s no waiver.

[Mark Suszko] ” a possible issue regarding if the venue itself has paid for the permission to play it. “

The venue may very well have rights to play the song, especially if they are a large professional venue used to doing things right. But that would apply to playing the track “wild” over the PA system, etc., it would not allow synchronization and inclusion in another production.

[Chuck Obernesser] “what if we recored a local band playing that song. “

That would be cheaper, sure, because you are not paying for rights to the original recording or the original performing artist. But you are still responsible for “publishing rights,” as Joe said. And they are a big chunk of the cost. Dolly Parton made more money when Whitney Houston recorded “I Will Always Love You” than she did off her own recording of the same song, because she wrote it. Years ago I was involved in a commercial production for a healthcare system that wanted to use James Brown’s “I Feel Good.” A band and sound-alike singer was hired to re-record the song to avoid the performance costs of the original track… but the publishing rights were still about $30K.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com

[Scott Cumbo]

playing devil’s advocate here, plus I’m a bit curious on other people’s take. I’ve never been a business owner, always worked for post house’s. I’ve never worried about licensed music before, That was always the clients problem. Now most of these clients were broadcast, so they would be stupid not to license the music. But i’ve never been given the impression that it was mine/ the post house i was working for issue. It was the person/company who was airing and or using said music.

Now i can see wedding videos companies for example being held liable for music because they are selling a product in the form of a finished wedding video.

But as an editor or in Chuck’s case, he is selling a service in the form of editing a video for the client. Using material provided by the client. Saying the editor is liable for the music, than is he also liable for optaining release’s for anyone appearing in the video? Making sure all logo’s are cleared? where is the line drawn?

Now I’m not telling Chuck to go ahead and do it, because someone should never take legal advice from perfect strangers on the internet. If you’re worried about it, talk to a lawyer.
But i’m curious on other peoples take.

Scott Cumbo
Lead Editor
Bellator MMA/Spike TV

[Todd Terry]

I’ve used this analogy before, Scott, and I’ll use it again…

You can’t get stopped for speeding in your friend’s car, and tell the cop to send the ticket to your friend because he gave you permission to speed and would “take the rap for it.”

You can’t transfer culpability. If you could, there would be a lot more professional hitmen.

It may seem like it should be solely your client’s problem and not yours, but if you are knowingly producing a piece with unlicensed music for their use, even if you are not the one doing the actual broadcasting or distribution there is still liability.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com