View Full Version : Music copyright issues
ltrotter
January 10th, 2009, 07:50 PM
Not sure if this is the right place to ask but I'm sure someone can lead me to the right place. When I do slideshows on a DVD and add music to it how do you get music that won't have a copyright problem or how would you obtain the right to use the music. Wondering if I made a DVD with orginal pics but put it to music and then wanted to sell DVD or just play it in a meeting such as church. I would appreicate any info that you have.
ltrotter :)
ATR
January 11th, 2009, 12:06 AM
Just type in "Copyright Music" in your Browser and you will be overwhelmed with links on the subject. Here is but one that appeared in a FAQ at the Premiere Elements User to User forum at Adobe:
http://www.adobeforums.com/webx/.3bc235de
If something (music or other) is copyrighted, you need to get permission from the owner to use it. It is unlikely that someone would come after you if you used copyrighted music in a DVD that you viewed in your home privately. But even there, depending on how many were viewing it in your home, there could be an issue with the group of people in your home being classed as an "audience". I think that I remembered seeing an article saying that if you recorded video which included a movie playing on a TV set, you could get into copyright issues because of that movie playing on the TV.
There appears to be two basic approaches to getting permission to use this copyright material: go to each and every owner of the works you want to use or go to companies who specialize in obtaining licenses for you (blanket or otherwise).
Even if you were a "church" with non profit status, I believe that the church would still need to get permission to use copyright material, be it music, video, etc. From a quick glance at the online links, there appears to be licensing companies that have sprung up to deal with these details, rather than the requester having to go to each owner of the works.
I am not sure, but I think you can use copyright material where the copyright time has expired, such as, classical music that is not some sort of recent arrangement.
Another consideration that just came to mind, if you purchase music for your projects, make sure that you read very carefully the details defining your use of the purchased material.
Once you involve audiences, viewing outside the home, fees for DVDs, distribution, there is no question that you need to get permission and probably, depending on your financial investment in your project, seek professional legal advice.
That is just my view of the situation. Check out those online links to get a better overview.
ATR
Chuck Engels
January 11th, 2009, 03:14 PM
There are various organizations that take care of licensing music and making sure the artists and everyone gets their share, BMI is one of those such organizations
http://www.bmi.com/licensing/?link=navbar
ASCAP is another and there is another one specifically for churches. The member of the organization can use copyrighted music and then pays a fee based on usage.
There are some sites around the internet that offer Royalty Free music, and anything in the Public Domain can be used for free as well. Muvipix.com offers royalty free music for our members for quantities of under 5000 copies.
ATR
January 11th, 2009, 06:52 PM
Thanks CE for confirming what I had compiled.
I thought that I recalled that you were involved in church work among your other endeavors, so I was hoping that you would drop by to contribute your first hand knowledge on this matter.
ATR
lucianj
January 17th, 2009, 09:52 PM
Because of copyright issues we've had to refuse several people where I work. Frequently they want a safety or training video and James Bond music or Babylon 5, etc.
We purchased music that is royalty free. My supervisor was leasing it but we were spending a lot of money each year to renew. The music was good but we didn't use enough to make it worth while.
So we purchased royalty free music. For our small operation it was the best thing to do. Next year I retire and my daughter and I will be doing weddings and slide shows. We're planning on music from several places, one of them is muvidpix.com.
ATR
January 18th, 2009, 10:03 AM
For those who want a comprehensive overview of “Copyright”, the following link looks like it might be it:
http://www.cendi.gov/publications/04-8copyright.html#215
In the course of traveling through the Internet, I came across what looks like some interesting articles about Apple/purchased music from iTunes/DRM and DRM-free
http://apple20.blogs.fortune.cnn.com/2009/01/07/itunes-music-the-cost-of-removing-apples-copy-protection/
http://www.emarketer.com/Article.aspx?id=1006852
I would suggest that, no matter the source of copyright material, beforehand check out the details of the dos and don’ts of your use of it.
ATR
Fidelio
January 30th, 2009, 06:17 PM
There are various organizations that take care of licensing music and making sure the artists and everyone gets their share, BMI is one of those such organizations
http://www.bmi.com/licensing/?link=navbar
ASCAP is another and there is another one specifically for churches. The member of the organization can use copyrighted music and then pays a fee based on usage.
There are some sites around the internet that offer Royalty Free music, and anything in the Public Domain can be used for free as well. Muvipix.com offers royalty free music for our members for quantities of under 5000 copies.
Hi. I'm here to learn about PRE as a hobby, but my day job is a musician and composer. Unfortunately, there is a thing called a sync license. You need special permission to sync music to moving image. It is never covered by a general licence to play music in public. That's why, for example, a song like Hey Jude can be played on radio all day long for a PRS (in the UK, or ASCAP etc in the US) subscription, but it would cost an arm and several legs to get it into a TV advert. Sync is different. You actually need to request special permission.
If it is for something like a church, though, I wouldn't sweat it. Even though it's my livelihood, I wouldn't care a hoot if anything I'd recorded ended up on a home video, church video, social club..whatever. If I saw it on a TV program or film which I hadn't approved, I'd be straight on the phone to my publisher first, my solicitor second!
Cheers
F
ATR
January 31st, 2009, 03:06 PM
CE
Fidelio brings up an interesting point about this Sync License business. I am not sure if I completely understand it, but..........
If I do understand this correctly, there are two categories in dealing with using "copyright music"
1. Music that is going to be used as background (may like music in a grocery story overhead speaker)
2. Music that is going to be integrated with movement of images (Sync License, I presume).
If I have copyright music (no vocal), and I substitute it on a Premiere Elements audio track, does that come under the Sync License if this copyright music covers the movie portion of the Timeline? Further, if the this copyright music covers the still image portion of the Timeline is that then not Sync License?
The Royalty Free music license part of this has me confused. Does the Royalty Free music being sold by CE's site and others cover you for both of the two uses listed above?
All this time, have we been talking about background music (no vocal) or music with vocal? The vocal part would open up a whole new avenue of thought, maybe taking in mime and vocal music.
Very interesting.
ATR
Fidelio
January 31st, 2009, 08:53 PM
You are right about the two categories.
But if you see anything described as 'royalty free' then it is fine to use it. Royalty free means you have effectively been licensed to do pretty much whatever you like with the music when you purchase it, or obtain it legitimately by someone who offers it gratis. As long as it is 'royalty-free' that would cover sync use.
I think you are clutching at straws when you talk about using music against a still image which is part of a movie!:) You'd need a lawyer for that, but bear in mind the general copyright rules. You certainly couldn't distribute copies of it.
I don't think there are any other issues brought up by vocal music. The same things apply.
The issue is further muddied by the fact that there are actually two copyrights on a piece of music! The copyright of the composer and that of the recording artist. So, for example, all the works of Mozart are PD, but you need to work hard to find a recording which is not copyright.
It's all quite complicated!
ATR
January 31st, 2009, 10:08 PM
Fidelio
Thanks for the information. Very interesting and helpful.
ATR
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