Using Commercial Music in a Video

[sb]

There are many good websites online that discuss copyright issues. One is
maintained by Stanford Univ Law professor Lawrence Lessig.

http://fairuse.stanford.edu/


 sb

On 7/30/03 10:33 AM, "Richard Brown" <richard at go2rba.com> wrote:

> 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