Using Commercial Music in a Video

[Richard Brown]

As long as the relationship of the finished video to its source 
elements is (example):

Fred OWNS three CD's, uses two tracks from each of these CD's, and uses 
these six tracks as music for a slide show of his family photos which 
he personally burns to a few DVD's with his iMac for PERSONAL use 
within his family.

The scenario above, while it does stretch the concept of "fair use" 
under copyright law (USC Title 17), it does no real harm to the artists 
or music companies involved, and as the likelihood of the DVD becoming 
known to any of the "harmed" parties, has basically no chance to cause 
a problem.

But, if...

Fred OWNS three CD's, uses two tracks from each of these CD's, and uses 
these six tracks as music in the background of an small independent 
film, which he replicates on DVD to the tune of 25,000 copies for a 
smashing home theater premiere advertised in Premiere and TV Guide 
Magazines...

Fred will owe a minimum of $100,000 (prior to damages) to each offended 
party, and will lose with certainty any lawsuit asking for this money.

This is the fun with Copyright Law.

The flip side is to buy usage rights to the assumed popular music. 
Using the whole of the song will itself cost a small fortune (for each 
song), but it carries no damages in the future.

This is why royalty free music libraries exist, BUT, when you buy music 
from such sources, you do sign an AGREEMENT as to your rights of use, 
which DO NOT INCLUDE free use for commercial projects (broadcast TV, 
feature films, etc.) in which case you will OWE usage fees. The big 
difference, these usage fees are TINY next to using popular music.

The traditional way around this issue in independent film is to have a 
band you hire play the song, and this instantly puts a popular song in 
your show with FAR LESS usage payment requirements. This is why you 
might hear a song you know sound, well, odd or not right in independent 
films without huge music budgets.

Richard Brown