Todd: “If it’s COMPLETELY internal, then yeah, you’ll get away with it. But EVERY single corporate video we’ve ever produced ended with the client saying, “Oh, now give us a version we can put on the web.” Every single time. THAT’s where you’ll run into trouble.
In that case, you do like I did last year with ABC’s “In The Motherhood” Upfront trailer – you make a version with library music (or some of those ‘free’ Soundtrack Pro cuts) – and you bill another day for the work.
The production of the piece isn’t where it’s illegal – we made tons of spots over the years with pop music that didn’t get cleared for air, and weren’t licensed. The illegality comes from the broadcasting of the work, in which case the corporation or persons that authorized broadcast and/or uploading are responsible. With that in mind, the guy can’t make calls over what is done with the work he cuts. If that WERE the case, none of us could edit anything, ever, because we couldn’t guarantee where, when, and how that work would be used. Clearance may only for one week, or one month, or on one network, etc. We’d all have to request masters back of all work delivered to clients after the clearance period, which is highly impractical. That’s why the responsibility of clearance falls on the broadcaster or executive producer (the guy who pays). The editor is not a nanny, and to lose a client because of that would be silly. And that’s also why there’s nothing that can be signed to clear the editor, because it’s not the editors responsibility to worry with that kind of stuff. He can only warn, at most, and suggest the producer consult with their legal department or lawyer.
Don’t lose a client over this. If you get seriously worried, have a backup with free music and give it to them with the final delivery. If you’re STILL worried, use blank slates and labels. And for reference, this has been nearly every single post house in Atlanta, as well as most of the ones in LA. At no time did any editor suggest to me or any of the other dozens of producers I work with that we should deal with clearance.
John
Magic Feather Inc.