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Copyright Loophole?

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videoguy

Junior Member
What is the name of your state (only U.S. law)? Indiana

I'm a videographer who does weddings and other personal events. It's my understanding that if I sell my customer a DVD with popular music on it I would need to pay for a synchronization license to use the music and not break copyright law.

A few questions:

1. Is it common for videographers to seek synchronization licenses?
2. Does anyone know of any cases where videographers were sued for the use of copyrighted music in a DVD sale to a customer?
3. If, written into a contract with the consumer, I am only being paid for the service of videotaping the event, and the DVD is a gift or free, would that cover me as a videographer from legal action from the owner of the music?

Thanks for the help everyone!
 
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tranquility

Senior Member
1. Is it common for videographers to seek synchronization licenses?
I have two clients who have store-front video services where they set up raw footage and make it look cool. They get licenses for the music they use. (Except for a couple of technobeats they use they made themselves.)
2. Does anyone know of any cases where videographers were sued for the use of copyrighted music in a DVD sale to a customer?
This is the hard part of the question. Clearly, there are a lot of cases out there which are more public where the music was on a youtube or something. But, the number of people who would see this DVD (And, care.) to report you for a violation are probably not that great. I do note the music licensing services do investigations all the time and you never know. But, there are not a ton of cases out there as it doesn't get to the appellate level (Since it is an obvious violation.) and there just are not that many who are caught. Besides, rarely will you have a case which fits all the facts. That's not the way the law works.
3. If, written into a contract with the consumer, I am only being paid for the service of videotaping the event, and the DVD is a gift or free, would that cover me as a videographer from legal action from the owner of the music?
No. Not only because it is an obvious dodge, but also because it doesn't matter to much except for the damages. They'll use statutory damages if you're caught because they wouldn't be able to prove economic loss.
 

videoguy

Junior Member
I have two clients who have store-front video services where they set up raw footage and make it look cool. They get licenses for the music they use. (Except for a couple of technobeats they use they made themselves.)
This is the hard part of the question. Clearly, there are a lot of cases out there which are more public where the music was on a youtube or something. But, the number of people who would see this DVD (And, care.) to report you for a violation are probably not that great. I do note the music licensing services do investigations all the time and you never know. But, there are not a ton of cases out there as it doesn't get to the appellate level (Since it is an obvious violation.) and there just are not that many who are caught. Besides, rarely will you have a case which fits all the facts. That's not the way the law works.
No. Not only because it is an obvious dodge, but also because it doesn't matter to much except for the damages. They'll use statutory damages if you're caught because they wouldn't be able to prove economic loss.
I appreciate the information. Thank you for taking the time to answer my questions.
 

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