I am a videographer. Recently a customer asked me to include a couple of songs of Frank Sinatra in her wedding DVD. Is it ok to include those songs even if they are copyrighted? Someone told me that since it is not for distribution but for two or three families (the ones that belong to the fiance and fiancee) there is nothing wrong with taking ANY song from the market to include in my wedding DVDs. I am not really sure about it. Any observations?
2007-07-20 21:02:25 · 5 answers · asked by mefistofeles 1 in Politics & Government ➔ Law & Ethics
It is illegal to use copyrighted material on something you are profiting from. It doesn't matter that they are not selling the video to anyone else, they are paying YOU for it.
Ok....I took your question to be "is it illegal" not "is it likely I will be prosecuted." So, yes it is illegal. But, it is highly unlikely anyone would prosecute you for it.
2007-07-20 21:09:55 · answer #1 · answered by dh1977 7 · 0⤊ 1⤋
If music was performed at the wedding/reception, then it does not require a further copyright clearance to be included incidentally on the video. What you captured was an actual event and it would be the venues responsibility to clear performance rights for that.
To add music from recordings is not allowable without permission from the record company (for use of the CD) and the music composer. Composition rights can be cleared through Harry Fox Agency for most songs although i believe they have a 200 video minimum payment. Getting permission from EMI or Reprise is nearly impossible.
You have two practical choices for adding music to the production. 1 is to use a music recording specifically licensed for this purpose. An example is www.pianobrothers.com which for $99 will provide a CD of original wedding music with a license to use in unlimited videos.
option 2 is to use public domain recordings of public domain compositions. you can find these at www.pastmasters.us which sell CDs for $25 that are free of rights restrictions.
2007-07-22 13:06:14 · answer #2 · answered by lare 7 · 1⤊ 1⤋
It's still illegal, one copy or one million copies is still copyright infringement. Your friends are wrong.
"Capitol Records" owns the copyright of Frank Sinatra's songs (or at least most of them). It's true that the music industry go mostly against the big guys in the piracy industry but that doesn't mean you are safe if they decide to go against you. You would still be fined.
It's true that you will make only a few copies but all you need is one person to rat on you or a misplaced copy to end in the hands of someone working at Capitol and you will be in a lot of trouble (not very probable but bad lucks happens).
Professional videographer are required to pay royalties or to buy royalty-free music for their projects. Each copyright infringement can end up costing you about $50,000 US Dollar per DVD for each song.
Can Capitol find out? Well, probably not, just be awared that you can not keep doing this for every client because eventually you will get caught.
If you decide to go on, just ask your clients to keep quiet about it and not to tell everyone also you would have to keep your name or company out of the credits in the DVD for just in case. Personally I would sleep better not doing it, there are rats everywhere.
2007-07-21 04:49:57 · answer #3 · answered by ? 7 · 1⤊ 0⤋
I agree with Jim. Since it's not for distribution as you say, the owner(s) of the copyrighted material would be wasting a lot of time and resources if they went after you. So while it is technically against the law, I would be enormously surprised if anyone ever sued someone who included a popular song in a private wedding video.
2007-07-21 04:12:33 · answer #4 · answered by disco_stud61 2 · 0⤊ 1⤋
As long as nobody is planning on selling copies of the weeding video you should be OK. Most wedding videographers do the same thing.
If you ever have a customer that wants quality original music for their wedding video or any video that you do email me & I'll send you some samples of my work.
2007-07-21 04:10:21 · answer #5 · answered by Anonymous · 1⤊ 2⤋