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"Fair Use" Pavarotti Music in a promo video

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Laura Albini
"Fair Use" Pavarotti Music in a promo video
on May 17, 2014 at 8:31:33 pm

Hi everyone! I'm editing a promo video for the web and I'd like to use the Luciano Pavarotti Music for about 10 seconds. The client is in India and he will show the video on his Indian website.

Here I come with 2 questions:
1) How long can be the fair use? I remember 10 seconds but I'm not sure.
2) I'm wondering if the fair use policy in terms of time is the same in India. I sent an email to the The Indian Performing Right Society asking the same question, but still no answer.

Many thanks in advance for your help.
Laura


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Michael Phillips
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 1:36:24 am

I don't think fair use falls apply in this case - a promo video is a commercial. See fair use here:
http://copyright.musiclibraryassoc.org/Resources/CopyrightAndFairUse

Rights clearances are for both publication and performance. You "may" get away with the publication part (depending on what published version) but the performance will definitely need to be cleared.

http://www.clearance.com/defined.htm

Michael


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Laura Albini
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 11:15:53 am

Thank you Michael very useful articles indeed,

I don't get it when you talk about the "performance", which performance are you referring to?

Laura*


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Michael Phillips
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 11:28:09 am

This has a pretty good explanation of both types of rights:
http://konsonantmusic.wordpress.com/2011/11/02/the-importance-of-music-clea...

Is there not a recording that is now in the public domain that would work just as well? Does it really need to be Pavarotti or does it need to be a male opera singer? Or just opera sounding music? Plenty of royalty free opera music available.

https://www.proudmusiclibrary.com/en/royalty-free-music/opera/



Michael


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Laura Albini
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 12:15:21 pm

Hei Michael,

yes,you are right..

then I'll go a little more deep, this is a video to promote a master chef while he is giving cooking classes in a very known hotel chain,
at the end of this video the chef plays his guitar singing Volare di Pavarotti arghhh.. that is why I had this "brilliant" idea to cut his audio and dissolve it with a "real" song..


I've also read that even if you are singing a cover song you should pay, is that correct?

I appreciate your help


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Michael Phillips
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 12:36:58 pm

If the opera piece being performed is in public domain, then you don't have to worry about those rights, and in this case, the performing rights are done by the chef of which you should have him signed off anyway as part of the production. Not being an entertainment lawyer, I would think you are fine. So if I had an actor sing Amazing Grace in a scene, I would be fine. The published song in the public domain, but you are creating a new performance of it. Where things get tricky is when there is a new arrangement to a public domain song that now has a rights that need to be cleared.

I like the idea of what you're going after, but you may have to search a little deeper to see if you can find a performance of the same piece in the public domain, or see how much it would cost. Rights fees can change based on where it's played, country, etc. And if 10 seconds, it may not be that much and worth considering.


Michael


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Laura Albini
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 1:29:39 pm

You have been clear enough Michael and I really thank you.

I think I'll follow your advice, I'll try to find the same piece in the public domain, is there some link you can suggest me, considering the fact that I 'm in India and the client too.

thanks again Michael


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Michael Phillips
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 1:43:42 pm

Which opera piece is being performed?

Michael


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Laura Albini
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 1:48:52 pm

the "live performance" was Volare (this is originally created by Domenico Modugno) and I dissolved it with the "Volare" by Luciano Pavarotti.


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Michael Phillips
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 2:35:48 pm

Hmmm... this piece was written in 1957/1958 so copyrights and such are very much still likely in place. You would need to clear those rights. Also, the English version of the lyrics (if used) might have a separate license associated with it as well:
http://en.wikipedia.org/wiki/Volare_%28song%29

Does your client have any budget for this? You still might want to check into the cost for your needs. You may be surprised.


Michael


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Michael Phillips
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 2:49:57 pm

It's always worth asking:
http://www.greenlightrights.com/us/

Michael


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Laura Albini
Re: "Fair Use" Pavarotti Music in a promo video
on May 18, 2014 at 4:33:39 pm

Thank you very much indeed Michael!

Tomorrow I'll have a meeting with the client,

Originally this promos has been created as a "pilot" to show the potential of the work if liked it..that is why I didn't think too much about the internet license
Now, The client liked it very much and want to buy it, good for me I thought..

next time I'll go with Creative Commons Music :)
Greenlightrights, never heard of that, I will certainly take a look!
You have been a precious help Michael, thanks again!!


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