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Subject: Legal Advice? rss

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Jon Y.
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So I know this isnt the place necessarily for solid legal advice, but I'm just trying to get a feel for something and thought the broad spectrum of the geek might be able to weigh in.

My wife's hobby is editing together home movies to music. She is seriously considering trying to go out and make money doing this. She's already done this for a Non profit children's camp for them to show potential doners. This was a few years ago and we never really thought about legality since she wasn't directly paid to do the video.

SO! What would be the legal work needed regarding the songs she'd use. If she used "Wind Beneath My Wings" for your daughter's graduation video, do we need to search out permission if we sell a video with that song in it to you?

Would it matter if we were selling a video to a company rather than an individual?

For some reason I'm thinking that if she sold it to the individual with some legal language in the contract about how they are not to make any copies and this is for personal use only, etc. that she'd be okay.

So. I know you're not all lawyers, but thoughts? opinions? any articles to back anything up?

Thanks.

My apologies for a serious post in chitchat - Now back to the bacon.
 
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Eric "Shippy McShipperson" Mowrer
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To avoid potential litigation, just pay the RIAA $500,000 to $1,000,000 up front and call it good.
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Erik D
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Though this comes straight from my Assumptions and Speculation Cortex, I would think she'll need some sort of clearance if she's planning on profiting off the use of songs. Then again, this sounds like a small operation, so if she's feeling lucky and under the radar...
 
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Jorge Montero
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Disclaimer: I am not a copyright lawyer.

I do believe that, at least in the US, an edited home video with background music would be considered a derivative work, so you could easily get sued for it. If she did this for her own amusement at home, as a way to parody the song, or for non-profit educational purposes she might claim that it falls under fair use. Even then, fair use is only determined by the judge. As a business though, I'm pretty sure fair use would not apply to the kind of work you are describing.

So what she'd have to do to is get a license for the songs she'd try to use. I have no idea of how home video editing is treated by the labels though.

 
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T. Nomad
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Yeah, don't fuck with the music industry. They sue their own fans and destroyed WKRP in Cincinatti.
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Matthew Frederick
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You can license such things pretty easily (and often not too incredibly expensively, as the price is usually based on the audience size, public vs private showings, repetitive showings, etc.) from ASCAP, the people who license such things for nearly all music: http://www.ascap.com/
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Billy McBoatface
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mfrederick wrote:
You can license such things pretty easily (and often not too incredibly expensively, as the price is usually based on the audience size, public vs private showings, repetitive showings, etc.) from ASCAP, the people who license such things for nearly all music: http://www.ascap.com/
What??? Useful information??? Helpful links??? In CHIT CHAT? Get out! Get out now!
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Morgan Dontanville
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Here are some basics:
http://www.howstuffworks.com/music-licensing.htm
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フィル
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Try this: http://pumpaudio.com/

It's a website for small businesses to cheaply licence independent music.

Also, there are some CC tracks you can use commercially. See: http://creativecommons.org/audio
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Jon Y.
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Wow! Thanks a lot everyone!

Matthew: This sounds most promising and I'll definitely be reading up more on that website.

Morgan: Great link that I'd only skimmed yesterday but really seems to hold a lot of pertinent info.

sbszine: Also good links to bring to her attention, but as you can understand a lot of clients would probably want a specific, sentimental song playing with video of their wedding/graduation/etc that had meaning to them rather than something equally good, but that they'd never heard of or had an emotional connection with.


Hmmm - it's looking like rights will be necessary. Now the question is how much those will be and if she'd really have to go through getting each and every specific song license each time she wanted to use a new song. Yeesh.

So I guess the Synchronization license is what we look into, although it *sounds* like the blanket license (they use with radio stations) would be easier - but would probably be prohibitively expensive.

Thanks again to everyone, and please if you have any other info, share it with me! this has been great and I knew I wouldnt be let down!
 
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