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Core
accidental music in documentary
by
on Apr 22, 2006 at 10:01:13 am

I'm allmost done editing my documentary now I have this question:
I'm filming somewhere outside and someone I don't know in a house nearby puts music on, very loud lets say a hiphop song 50 cent the candy shop, windows are open it's summer, one can recognize the song and the music is in part determining the mood in the scene I'm filming.

My question is do I have to pay for the use of this music, I had nothing to do with it.
I'm in The Netherlands and filmed in Ghana, Africa

Core


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debe
Re: accidental music in documentary
by
on Apr 23, 2006 at 7:05:43 pm

Short answer is yes, you'd have to license it to legally use it. Expect to pay more for that segment of your documentary than you spent on everything else to create your documentary.

Although you had no control over it being played, that doesn't mean you get a free pass on copyright. If that were true, folks would just have their "neighbors turn on the radio" all the time.

Is there dialogue in the shot you need to salvage? If not, replace the audio with other, royalty-free music. You may want to consult with an audio post facility, as royalty-free doesn't necessarily mean you can use it any way you please. Some royalty-free music is royalty-free only under certain circumstances.

Sorry. I know you'd love to use it, but you're asking for a heap o'trouble, including never being able to air your documentary because without proper licensing, if you leave it in, no one will touch it. Worst case scenario is you get sued by 50 cent.

debe



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mark Suszko
Re: accidental music in documentary
on Apr 24, 2006 at 2:48:26 am

If you ever want to play this in the U.S. for money or for a festival, you'll have to show you got a clearance for it. I don't know what the rules are in the Netherlands.



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Core
Re: accidental music in documentary
by
on Apr 24, 2006 at 8:04:51 am

I get the picture, it,s made for a few museums in europe so I better have some music made for it that's often cheaper, a friend of my is a musician, thanks for the input

Core


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Core
Re: accidental music in documentary
by
on Apr 24, 2006 at 8:13:39 am

sued by 50 cent, must be nice.

Core


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David Smith
Re: accidental music in documentary
on May 29, 2006 at 12:13:37 am

[debe] "Short answer is yes, you'd have to license it to legally use it."

I respectfully disagree. This specific issue is discussed in the "Documentary Filmaker's Statement of Best Practices in Fair Use" published by the Center for Social Media.

You can download a copy of the statement here:
http://centerforsocialmedia.org/rock/backgrounddocs/bestpractices.pdf


Regards,
David






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Bob Bonniol
Re: accidental music in documentary
on May 30, 2006 at 2:42:41 pm

David,

Our filmmaker has admitted that the 'accidental' background track eventually affected the atmosphere and tone of the scene... In my understanding and application of SAP when it comes to this, the moment it went from incidental background to actual emotionallly connected soundtrack, our filmmaker entered the place where he should pay... You can respectfully disagree all you like, but in this era when the RIAA is regularly suing teenagers and the elderly for unauthorised presence of music on their computers, are you ready to put up the money for our filmmaker to defend himself in court ? I'm not saying it's right, but the fact is that the recording industry has become belligerently litigious, and unless you are prepared to legally defend your rights in court, it's better to err on the side of caution.

If you disagree with all of this in a philisophical sense, then I encourage you to make a donation to organizations like Creative Commons and the Electronic Frontier Foundation, which are both working to protect the rights of artists against the 'industry'... This is what I do...

Best,

Bob Bonniol



MODE Studios
http://www.modestudios.com
Contributing Editor, Entertainment Design Magazine
Art of the Edit Forum Leader
Live & Stage Event Forum Leader
HD Forum Leader


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David Smith
Re: accidental music in documentary
on Jun 1, 2006 at 2:05:27 am

Good points Bob. I guess the key to his comment is the mood being set "in part". The "Best Practices...." statement does indeed caution about the copyrighted material being used to set the scene, but also points to a big difference between a filmaker truthfully documenting what is going on as opposed to being at all responsible for the material being used.

I disagreed that it was clearly a violation of copyright, only the filmaker knows what happened, and if he/she can prove it in court. (or wants to).

Another avenue that many don't pursue is to just ask for permission. It's not unheard of for copyright holders to see some value in an incidental use.

Regards,
David


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Bob Bonniol
Re: accidental music in documentary
on Jun 1, 2006 at 2:49:13 am

Indeed David... Sometimes tracking down rights can be a pain, but a good rights clearinghouse (google audio rights clearance for a selection) can get it done, and it can be remarkably affordable.

Cheers,

BB


MODE Studios
http://www.modestudios.com
Contributing Editor, Entertainment Design Magazine
Art of the Edit Forum Leader
Live & Stage Event Forum Leader
HD Forum Leader


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