Music for professionally produced "family videos".

[chriselkins]

I am an independent filmmaker who is being approached by a friend wanting me to shoot and edit her wedding video. The example tape of her friends wedding she gave me to look at was loaded with popular music that I am sure is protected by copyright law. (She wants hers like this.) I was surprised to find this, since it was produced not by an individual, but a large company that has been doing these for over 15 years. (I know it makes no difference, but you would expect a large company to follow the rules.) Now I am starting to question my self. Is this legal to use copyrighted music in a professional production, without permission, even if it's for a family event? I'm thinking no, and I'm thinking to tell her she needs to find another wedding video maker, because I know she is going to want me to use popular music in the vid, and I can't afford to pay for the rights to use it. (Not for what she wants to pay!)

Thanks in advance!
Chris

 

[T-DESIGNER]

I have not read this book, but the title seems like it might
give you some assistance:

"Getting Permission: How To License & Clear Copyrighted
Materials Online & Off" by Attorney Richard Stim

I don't know the publisher's name of the book.

Do a search for "free legal information", and visit the
copyright department of the book stores on the sites
that come up in your search list.

Disclaimer: This response is neither a recommendation nor
an advertisment for any publisher, book, book seller,
author, or web site.

 

[chriselkins]

Thanks, T, for the suggestion, but I'd just like to know whether or not I am correct in thinking it's against copyright law to use music like that without permission. I just want to know if I can tell her that she is basically asking me to break the law, but of course, I don't want to say this if she's not! I normally write my own music, just to avoid copyright issues but I have a strong feeling she's going to want all of her and her hubby's "favorite" songs, and I'd rather avoid that altogether. (Plus, I HATE the thought of any of MY footage being edited to "The Macarena"!) I just want a good reason to politely say no! Friends and acquaintances never expect to pay what it's really worth, then they throw a fit when it’s not perfect, forgetting that it was their own cheapness that caused the corners to be cut in the first place! I suppose I should just say—No Thanks, there is a REASON I quit doing wedding photography a long time ago!

 

[T-DESIGNER]

I know a movie studio has to pay a recording artist for the
use of a song in a movie. So theoretically, you can tell
the wedding couple "NO!".

I don't have any musical CDs or cassettes at hand. Look at
one, and see if it says anything about making copies for
personal use or personal reasons. If they do have such
a statement, have the wedding couple buy a copy of the
various music they want in their wedding video, and let
them assist you in the editing of the video; i.e., provided
you are charging them for "How to edit a wedding
video for personal use". Have a contract in writing
stating you are charging them to show them how to
make a copy for their own personal use. Make copies of the
receipts where they purchased the cassettes or CDs, if
you think Elton John, or whoever, is going to go after
you the way George Bush went after bin Laden. If
this is the case, make a video of them editing their
wedding video.

If they put the wedding video on their personal web site,
would that be for personal use? That would be their
problem, unless the recording artists thought there
was some wedding video business making money
off their music.

Since I really have not answered your question, and
if you do not get a reply from an attorney on this site,
you might pose your question to one or more recording
studios or record label companies.

Disclaimer: I am no attorney, and I am not advocating
anyone do anything illegal, except maybe run a
broken traffic light that is stuck on red.

 

[T-DESIGNER]

One other thought, since you indicated you are not in the
wedding video business, you could always have the wedding
couple contact an attorney, and let them pay for a written
legal opinion, provided the attorney gives them the
thumbs up. Or, let the attorney draw up the contract
for you and the wedding couple. I would assume an
attorney would not draw up a contract that would
require you to do something illegal, but I would even
have that in writing on the contract, with the attorney's
signature on the contract. Let the wedding couple
pay for the attorney.

 

[T-DESIGNER]

Any attorney, who follows these instructions and
laughs out loud, is legally required under the U.S.
Constitution to give their opinion to Chris' original
"Is it legal ... " question. But, only if you laugh out
loud. (computer speakers required)

1) right click on CHRISELKINS' web site address below,
2) select open in new window (this will allow you return
to these instructions if the need arises)
3) click on ENTER on his home page
4) on the left side, you will see a menu starting with HOME,
RESUME, ............
5) scroll down the menu until you see MISC
6) click on MISC
7) select the last option: INSANITY TEST
8) follow instructions (computer speakers required)

Nice web site Chris.

WWW.CHRISELKINS.COM <---RIGHT CLICK

 

[chriselkins]

Thanks again, T-Designer for the other good ideas there! I really don't think Elton or anyone would come after me, but I have been sued by Barney for entertaining children in a purple dino costume before, so I know the unbelievable can happen! I looked at a handful of music CD's and they said nothing about "public performance" on the copyright statement. The only thing they warned of not to duplicate the cd. So, maybe I'm confusing the big FBI warning that comes in front of a video with music copyright warnings. I know on video's they specifically state "no public performance", so maybe I was just assuming that went for music too and it does not. Maybe a lawyer or law student will reply with some answers.

(Glad you liked the insanity test! I would have linked to the originator of it, but their site got taken down so I drug it out of my cache and posted it on mine. I dunno who to credit! Please don't anyone sue me for it! )

 

[T-DESIGNER]

Chris, here is another thought. You can tell the wedding couple
you will make the wedding video, but they will have to hire
someone else to overlay the video with copyrighted music.
Again, you need this in writing to protect yourself against
the Barneys in this world.

I've read online a sample chapter of "Getting Permission: How To
License & Clear Copyrighted Materials Online & Off" by Attorney
Richard Stim. Seeing as how you are an independent filmmaker,
it makes sense for you to have a copy for future reference. You
might be surprised that the recording artists and label companies
do not charge that much for using their music in wedding videos;
whereas, they may charge differently for music on a film you
make. If you are unable to locate the book online, I will e-mail
the web site name to you. But again, I have not read the book.

Also, how do you know the 15 year old wedding video company
did not have permission? They may have an agreement with
various label companies and artists to produce wedding videos
for an unlimited number of clients, and they probably only have
to pay a small fee each time they make a wedding video. If the
company has such licensing agreements, their right to use would
be limited to wedding videos.

If an attorney was to reply to this thread, I predict they are
going to unequivocally say, permission is required of any
wedding video business to use copyrighted music.

Remember to keep it focused.

 

[chriselkins]

I called the company who made her friends video and asked them about copyright clearance and the law. The guy said it's never been a problem since they only give them two copies of the video and do not sell any more. I asked him if he knew it was "not a problem" as a matter of law, and he said, well, no not really, but nobody has ever said anything about it. So, I guess he'll just continue until somone demands he cease and desist of using their particular song, if they can. Meanwhile, I had figured that for me to do a similar video, it would be at least $1700.00 and this company only charges $850.00! So, I told my friend that I highly reccomend she just go back and use the same guy and she agreed.

I'll keep my eyes open for that book you mentioned. I'd like to get it because I have always wanted to make some art video's of some of my favorite old 70's prog rock, and I have not been very lucky at getting in touch with the labels for clearance so far. I havent really tried too hard, though.

Take care!

 

[T-DESIGNER]

OBTAINING PERMISSION

I know what you mean. It probably takes a lot of time and
effort to obtain permission. I did a search to see if anyone
offered such a service on the internet. Amazingly, I did
not find anything, but then again, I didn't try too hard. If
there is not such an internet site, it would be great for
one site to offer such a service for all types of copyrighted
material; i.e., music, photographs, illustrations, etc.

I think everyone would benefit, and would probably encourage
more of the smaller entrepenuers to start obtaining permission.

Here is a link to the site that publishes and sells the book:

http://www.nolo.com/lawstore/products/product.cfm/objectID/4835B5AF-0C35-4540-A4FE20738596443E