I am completely against copyright infringement so I’ll go ahead and post a little more info on the whole dance thing.
A lot of companies that use music in shows and recitals have an “Amateur Performance” ASCAP-BMI license that they pay about $500 a year for. This covers using the music during lessons and then during their performance for Aunt Betty and Grandma.
However, it is seldom that they have actual mechanical rights that cover the video guy shooting and selling the product. This is why I recommend that the client do the selling.
Now, as for my own history, we had an assignment a few years ago (11 now that I think about it), and the client, the country’s largest community college district, and they needed a song from Shaquille O’Niel. We called his record company and left a detailed message. The owner of the label called us at home that evening and thanked us for asking because most people just run with it. He gave us a verbal clearance on he phone and followed with a legal document the next day. But, what he told us was that they have this problem every day and it would take a full time 20 person legal team to stay on top of it. He went on to say that it costs him a thousand bucks to send a cease and desist order to someone by the time they go through finding them, getting an address and putting the wheels in motion with the attorney’s office. And this is with in-house council. Next, he said that they realize that people “use” their music all of the time and it took 10 years just to get party DJ’s to sign license agreements. Additionally, they do not consider all of this minor stuff to be stealing because the people are not really trying to steal anything. They’re just “using” it.
So, even though it’s not really right, they really don’t have a problem unless they feel that they have actually been injured (financially). This was different for the DJ business because that’s how the DJs made millions. One thing he said was that it is actually illegal to play a CD in public. So, at what point do you press the issue? Napster is a good example of when the legal battle starts.
One thing that a lot of people don’t know is that ASCAP-BMI pays rewards for blatant CR infringement. People who work hotel AV can fetch some $$ by turning in the big companies who are playing “We are the Champions” or whatever.
So. my advise is “Don’t do it” but if you do, nobody really cares.
On another note, the music industry is going after some housewife who decided that CDs are too expensive and she downloaded a bunch of music, made hundreds of CDs and sold them to her children’s friends. They want $20K from her and they are not giving up.
One more thing: When we needed the college piece, they also wanted a piece from Smashing Pumpkins. That was $100,000. We didn’t buy it.
Steve Wargo
Tempe, Arizona
It’s a dry heat!
Sony HDCAM F-900 & HDW-2000/1 deck
5 Final Cut (not quite PRO) systems
Sony HVR-M25 HDV deck
2-Sony EX-1.