purchasing singles

[markjay]

What is the name of your state? TN

I have a business creating DVDs. I want to add background music to the customers DVD. In the past I required the customer to provide the music for the DVD which they have already purchased. Now with the new providers like Musicmatch you can purchase a single song for $.99. My question is, can I purchase the song and give it to the customer as many customers do not have PC's and cannot download them. I will not be reselling the song just giving it to them. Any help would be appreciated.

 

[HomeGuru]

What is the name of your state? TN

I have a business creating DVDs. I want to add background music to the customers DVD. In the past I required the customer to provide the music for the DVD which they have already purchased. Now with the new providers like Musicmatch you can purchase a single song for $.99. My question is, can I purchase the song and give it to the customer as many customers do not have PC's and cannot download them. I will not be reselling the song just giving it to them. Any help would be appreciated.

**A: What were the terms on the Musicmatch website? Wasn't it single purchase, single use?

 

[markjay]

This is a single purchase price. You can now purchase a song for $.99 per song. I think this is great. Insted of buying a whole CD for $15 you can now buy the three songs you like for $3. This just started a couple of weeks ago. Before, MP3 files were distributed and shared and the publishing companies and artist would suffer. Now all the royalties are paid.

 

[HomeGuru]

This is a single purchase price. You can now purchase a song for $.99 per song. I think this is great. Insted of buying a whole CD for $15 you can now buy the three songs you like for $3. This just started a couple of weeks ago. Before, MP3 files were distributed and shared and the publishing companies and artist would suffer. Now all the royalties are paid.

**A: I know about single purchase.
You are missing my point. Royalties are not paid if you purchase a single, then make copies of that single and give them free to say 20 customers. Royalties are not being paid on the 20 singles.

 

[I AM ALWAYS LIABLE]

My response:

Even though you're paying for the song, it still becomes a "resale" of the song when you sell the disc to your customer. Now, you may not be charging "extra" for this "extra" service, but nonetheless, the song that you download becomes part of the "package price" of the CD, thereby enhancing the demand for, and the saleability of, your services and product.

So, by adding this "extra" service, you are, in fact, "reselling" and increasing your profits on the "back" of the artist; i.e., you're not keeping the music for yourself - - you're just using the music to make your product more "saleable".

The .99 cents is the price you pay for your singular use, and not transfering the music to someone else in a different "package". That would not be an "intended use". Therefore, you would be infringing on the copyright.

IAAL

 

[markjay]

Thank you for your reply. I will continue to ask the customer to provide the music they purchased for their personal use. I ask the customer for the original CD they have purchased and I will not accept a "burned copy" of the CD. Do you see any problems with this? Do you see a problem if I instruct the customer on where to purchase the song, for instance from Musicmatch and then provide it to me for their use. The only problem I can see is I can't prove this was purchased media unless I can see an invoice. Can I get by with a disclamer the customer signs stating they own the copyright or have expressed written permission to use such copyrighted material? Thanks for your help

 

[stephenk]

just stick with your customers providing you with the music. you dont need all the extra proof of where they got the music.

 

[racer72]

Even having the customer supply the music is illegal. Don't get caught.

 

[markjay]

Explain to me why this is illegal.

 

[I AM ALWAYS LIABLE]

Explain to me why this is illegal.

My response:

I already did.

You know what? Go to Kinko's and ask to see their warnings concerning the copying of copyrighted documents. Then, copy that "warning", re-shape it for your store or business, and show it to your customers.

The additional problem isn't caused by "who buys the song". The problem is, and remains, that someone's copyrighted material is being used in YOUR end-product - - a use that was not intended, or allowed, by the copyright owner.

Also, read a software manufacturer's copyright notice. For example, take out your copy of the booklet included with your Norton Systemworks software. Read the first few pages.

IAAL

 

[stephenk]

not if the customer provides the music to copy and the poster is not charging anything to add the music. Personal use is not prohibited.

if videographer is taping a wedding with a dj playing music in the background and everything is recorded, the final videotape made of the wedding can include that background music without infringing on any copyright of the musical group. Same if a live band is playing at the wedding and is recorded for the couple's video.

 

[I AM ALWAYS LIABLE]

My response:

Wrong, Stephenk!

Now, I finally GOT you! In your example, the recording of the music is "incidental" to the videotaping of, for example, a marital reception party; e.g., it is not purposeful for the purpose of the music itself, but rather in our writer's example, it is purposeful for the sale of his CD's. In other words, our writer's CD is "enhanced" for the purpose of making his CD more salable as opposed to his competitor's similar sale.

Also, there is a choice in our writer's situation; i.e., to knowingly and "willfully" place a copyrighted material onto another, unintended, format; whereas, in your wedding reception scenario, there is no choice to "stop the music" or "stop the band" from playing, especially when the videographer is taking footage of the happy couple's "first dance" - - without music, there would be no "first dance".

Also, there's the issue of "fair use" in your wedding reception example. For instance, it is rare the time when an entire piece of music is video recorded to tape. However, it is widely known, and accepted in our culture that music is played at receptions and that sometimes, it's recorded onto another medium, and such recording would be, and is, considered fair use.

Additionally, the videotape and service of the videographer is pre-sold to a wedding couple, regardless of music. The intent of the videographer or the happy couple is NOT to record music; rather, the intent of the videotape is to film the Ceremony and Reception. The music thusly captured is "incidental", and the videotaping would happen regardless of the inclusion or absence of music.

Therefore, the recording of music on videotape at a wedding reception is "incidental" to the footage being taped, and is "fair use". It is NOT a purposeful, and an intentional act as in the case of our writer who is selling his CD's to make them more pleasing and salable.

And last, but certainly not the least, our writer would be transfering the music, purposefully, to a different, unauthorized, and unlicensed medium and, when copies are made for all the relatives, has actually "induced" and "enabled" a copyright infringement when the CD's are distributed with the music. Also, when the the video portion of the CD is not within sight, the musical audio still plays to the ears of all of these various relative non-purchasers!

IAAL

 

[stephenk]

"Additionally, the videotape and service of the videographer is pre-sold to a wedding couple, regardless of music. The intent of the videographer or the happy couple is NOT to record music; rather, the intent of the videotape is to film the Ceremony and Reception. The music thusly captured is "incidental", and the videotaping would happen regardless of the inclusion or absence of music."

the purpose of the poster's dvd is not the music but to add ambience to the dvd. he can sell it without music, because the music is the not purpose of creating the dvd.

our wedding video has a spot in the middle where our videographer asked us what song we wanted to include. We never got around to giving him the song, so for about 3 minutes there is just random shots of the reception with no sound.

I can always add music to the tape at this portion. even if i make copies to my relatives or to you, the purpose of the tape is not the music but the wedding and wild reception.