Background Music License

[broo0591]

I have begun to produce several photo videos for my daughter's 3rd grade class of field trips, etc. (using VS10). They have become rather popluar, and I have been asked to put the videos on the school's website. Since I have used popular songs (by the original artists) as the background music, I am very hesitant to do this. Does anyone know how to go about getting the proper license to copy, and post music on the internet? I have searched off and on for several days, and have not found any method to do this.

[maddrummer3301]

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[Black Lab]

Let us know what you find out.

[joosuna]

Broo...you might want to do an internet search of "Public Domain Music".
Some music artists offer free public domain music in return for credit.
For example http://wwwsonnyboo.com/music/music.htm
You can buy royalty free music for commercial projects
and you can buy public domain music arrangements for commercial projects...
My advice is not to expose yourself to potential fines by using
copyright music without permission from the artist legal
department.

[CycleWriter]

Educate yourself well on this subject. ASCAP and BMI are the primary licensors for copyrighted music so start there. Don't assume that music in the public domain or referred to as "royalty free" is safe for use, either. Much of those types of music are often only so when used privately. Commercial use is often prohibited or restricted, but the exact definition of "commercial use" can be ambiguous. The SmartSounds library included with VS falls into that category. You can use it for little Cindy's video of her birthday party that you share with relatives and friends, but using it for that skateboard compilation you're selling on eBay is verboten. Production houses often have a department (staffed with lawyers) that specializes in clearances and releases to prevent copyright issues from cropping up. Something as seemingly innocuous as a radio playing in the background of a scene could cause trouble for a content producer depending on the usage, identifiability, and intent of the final product. Being ignorant about copyright issues can cost you big time.

[skier-hughes]

Why having broken the law in putting it on DVDs are you worried about breaking the law about putting it on the web?

Greater chance of getting caught?

[maddrummer3301]

.

[CycleWriter]

Why having broken the law in putting it on DVDs are you worried about breaking the law about putting it on the web?

Greater chance of getting caught?

Actually, since he was simply documenting an event, he would probably fall under the fair use doctrine that allows the use of copyrighted material for non-commercial use (review, news, information, etc.). By putting it on the internet, a copyright owner could argue that he is now distributing it (particularly if he provides a download link to it) thereby negating fair use and creating a commercial use situation that would make him liable. In any case, he's smart to be asking the question. Most people don't and wantonly trample the rights of copyright owners without regard.

Creating works using other people's material, no matter how insignificant, does not constitute a new work. It is considered derivative and does not hinder a copyright owner from exercising their rights.

[CycleWriter]

Forget the music, I wouldn't feel comfortable with my 3rd grade daughters picture being on the open web.
A restricted secure website maybe. Thinking about it, naa.
.

This opens up another can of worms. Since there have been documented cases of pedophiles targeting kids using info they gleaned from the web, putting video of kids identified as attending a certain school for anyone to view is risky. Even that risk aside, without the umbrella of being a news organization, parents of the children in the video would likely have to give signed permission for their child's likeness to appear anywhere but in private since they are minors. I would be wary of putting such a video on the internet without proper authorization of the school AND all the parents of the children involved.

[AmiMiajA]

i thought it it was under 20 seconds it was ok

[CycleWriter]

i thought it it was under 20 seconds it was ok

Not necessarily. If the usage can be found to be damaging to the copyright owner, it can be deemed illegal. For instance, having it appear in a work that is objectionable or reflects negatively on the copyright owner could lead to a lawsuit. Could you imagine a popular Christian artist having an identifiable snip of their hit song used in a porno movie? That's why porno movies almost always use original music written specifically for them.

The same is true of photographs. You can't use a photo of a person in a story about herpes if that person does not have the disease and did not approve of such usage beforehand. Context is just as important to the issue as fair use and commercial considerations are.

[AmiMiajA]

I see thank you

[maddrummer3301]

Were you watching the movie OR listening to the music?
.

[CycleWriter]

Were you watching the movie OR listening to the music?
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I take the 5th.

[CycleWriter]

Were you watching the movie OR listening to the music?
.

I'm taking the 5th.