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Copyright claim on public performance?

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Graham SykesCopyright claim on public performance?
by on Aug 22, 2011 at 5:27:01 pm

I shot a video for the city I live in to highlight our local farm market. It was the first farm market of the year so they had some local musicians get together to play a few Beatles tunes from a rooftop for the crowd below. I shot the market and I shot the band playing.
The final piece has shots of the farm market as well as some footage of the band playing. I used royalty free music for the bulk of the piece but I also had some snippets of the local guys doing their thing.
After uploading the video to the cities youtube channel I received an automated copyright claim. I know the music I used as a bed is royalty free but is it possible that the youtube scanners (or whatever they use) picked up and made a match to the live performance?
Does anybody have experience with what are the laws are regarding recording a public performance such as that and how should I handle future content? Thanks.



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Noah KadnerRe: Copyright claim on public performance?
by on Aug 22, 2011 at 5:36:43 pm

Bet your sweet heinie that's a copyright violation. Edit out those portions with the Beatles music. If there's one band in the world past or present that viciously protects its copyrights, that would be The Beatles. Heck it took 10 years for Steve Jobs to convince them to sell their music on iTunes, so you really think they'll be letting your video slide for kicks on YouTube? :)

Noah

40% discount for Creative Cow users with code ccow2011 at Call Box Training. Featuring the Panasonic GH2 and GoPro HD Hero.


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Mads Nybo JørgensenRe: Copyright claim on public performance?
by on Aug 23, 2011 at 8:19:03 am

This is an interesting subject. If the music were played in public, and that the filming was a documentary of what was happening, rather than a music promo for the "band" playing, then under the fair usage guidelines it should be OK to use it. What is likely to be the problem, is that Youtube are not paying PRS fees.

Have you thought about using another on-line video service such as Vimeo or Facebook?

All the Best
Mads
London, UK

Please do visit our faceBook page here: http://www.facebook.com/MacMillionProductions

Mac Million Ltd. - Digital Media Production
Blog: http://macmillionltd.blogspot.com


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Joseph W. BourkeRe: Copyright claim on public performance?
by on Aug 23, 2011 at 1:49:40 pm

I think it's a pretty clear infringement. If you take a look at the Fair Usage Doctrine, they lay out the uses it applies to. Since this video is to promote business for the farmer's market it is a "commercial" video. As Noah said, it doesn't help that they're playing Beatles tunes as well; this is a pretty high profile target. Maybe if they were playing tunes by Jonathan Richman, no one would have noticed.

http://www.copyright.gov/fls/fl102.html

Joe Bourke
Owner/Creative Director
Bourke Media
http://www.bourkemedia.com


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Noah KadnerRe: Copyright claim on public performance?
by on Aug 23, 2011 at 3:22:35 pm

Yeah for better or for worse, most of the times when someone suggests fair use permits something on a web forum- they don't know what Fair Use really means. It's generally Unfair to you the filmmaker so assume nothing. Find another piece of music to replace the Beatles. You will definitely never get to put a note of their music on something public that you didn't pay for...

Noah

40% discount for Creative Cow users with code ccow2011 at Call Box Training.
Featuring the Panasonic GH2 and GoPro HD Hero.


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Mads Nybo JørgensenRe: Copyright claim on public performance?
by on Aug 23, 2011 at 4:54:29 pm

In my opinion:
@Joseph, neither the words promotion or commercial was used by Graham. Neither were whether this was a paid for job or a freebie.

@Noah, I am suspecting that neither you or me have watched the video in question? So before making assumptions about "someone" and what they know or don't know, how about you doing your homework first...?

@Graham, ultimately it is about who pays for and clears the PRS (Public Rights). If Beatles, Elvis or Michael Jackson or anyone else was playing in the background of you filming in a public place, then this is always going to be difficult to cut out, also known as Incidental inclusion:
"This is where part of a work is unintentionally included. A typical examples of this would be a case where holiday movie inadvertently captured part of a copyright work, such as some background music, or a poster that just happened to on a wall in the background."
(http://www.copyrightservice.co.uk/copyright/p09_fair_use)

Do watch out for who pays your bills for the video and how you are crediting the contributors. Ultimately remember that it is normally not in the artists interest not to get heard and/or seen. Neither is not getting paid for it.

My 5p

All the Best
Mads
London, UK

Please do visit our faceBook page here: http://www.facebook.com/MacMillionProductions

Mac Million Ltd. - Digital Media Production
Blog: http://macmillionltd.blogspot.com


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Noah KadnerRe: Copyright claim on public performance?
by on Aug 23, 2011 at 11:40:37 pm

I don't know about you but there's nothing incidental in any of my videos. Every frame is scrutinized as much as humanly possible.

If I happen to pick up a Beatles song in a doc or any other copy-written material I don't own the rights to- such as close ups of beer bottles you can bet I'll be editing, muting, or obscuring it right out so I don't get busted by whomever feels like filing a suit. But that's just me I guess. Knock wood.

Noah

40% discount for Creative Cow users with code ccow2011 at Call Box Training.
Featuring the Panasonic GH2 and GoPro HD Hero.


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Mads Nybo JørgensenRe: Copyright claim on public performance?
by on Aug 24, 2011 at 9:22:24 am

Hey Noah,

Interesting point that you made about scrutinizing every frame. How do you deal with location work where large crowds are involved and some degree of background music? Do you avoid them or cut around any "offending" material?

All the Best
Mads
London, UK

Please do visit our faceBook page here: http://www.facebook.com/MacMillionProductions

Mac Million Ltd. - Digital Media Production
Blog: http://macmillionltd.blogspot.com


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Joseph W. BourkeRe: Copyright claim on public performance?
by on Aug 24, 2011 at 1:55:09 pm

Mads -

Graham said right at the start of his post: "I shot a video for the city I live in to highlight our local farm market."

Now generally a city doesn't post anything on its' website (or whatever the distribution) that's not "promotional" and "commercial". One can construe simply from that first statement that's it's being used to bring more people to the farm market - therefore it's commercial - there's money to be made. Doesn't matter whether the city or the farmers make the money - that's a commercial usage.

Joe Bourke
Owner/Creative Director
Bourke Media
http://www.bourkemedia.com


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Mads Nybo JørgensenRe: Copyright claim on public performance?
by on Aug 24, 2011 at 3:10:25 pm

Joseph, Only Graham can answer that question. Just be careful not to put words in his mouth.

All the Best
Mads
London, UK

Please do visit our faceBook page here: http://www.facebook.com/MacMillionProductions

Mac Million Ltd. - Digital Media Production
Blog: http://macmillionltd.blogspot.com


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