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COW Tutorials: Business & Marketing Tips Understanding Copyrights, part 2: Fair Use

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COW ArticlesCOW Tutorials: Business & Marketing Tips Understanding Copyrights, part 2: Fair Use
by on Aug 19, 2005 at 5:33:05 pm

Understan...

In this article, Creative Cow's Ron Lindeboom examines the legal mine-field that make up the Fair Use provisions of the Copyright Act of 1976. People regularly make "blanket statements" regarding the Fair Use provisions and how they guarantee specific rights for educators, individuals, independent filmmakers, documentarians, event and corporate video producers and other content creators. But this article shows that the law is fair from clear and commercial use of copyrighted work is a trap in all but the most limited of applications...



This is a good article for all creatives. Click on the link above to read it.

Kathlyn Lindeboom
Creativecow.net


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Alex DeJesusRe: COW Tutorials: Business & Marketing Tips Understanding Copyrights, part 2: Fair Use
by on Aug 19, 2005 at 8:31:34 pm

I'm new to this forum, so forgive me if this question is answered elsewhere.

Question #1 - If I produce a wedding or event video using a copyrighted song, what permissions do I need, and how do I get it? It seems to me a one-time deal should no problem. If the video is to be re-produced many times for sale, it may hurt the original artist. What is your view?

Question #2 - If I produce a music video for a local entertainer, and the music and lyrics of the song are not hers, nor does she know their origin, what are my protections? I've tried a web search on portions of the lyrics and came up empty, but I know the song didn't appear from nowhere. Please advise.


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Ron LindeboomRe: COW Tutorials: Business & Marketing Tips Understanding Copyrights, part 2: Fair Use
by on Aug 19, 2005 at 9:04:11 pm


[Alex DeJesus] "If I produce a wedding or event video using a copyrighted song, what permissions do I need, and how do I get it? What is your view?"

If you take the time to read the article, it will answer this question in depth.

Legally, you do not have a right to use the song and if you do, you will be liable should you ever be caught. While I am not aware of any wedding videographer who has been sued by the RIAA, if I were a wedding videographer, I would not do it.

Harry Fox Agency used to handle licensing but they recently quit doing it. Now, you are on your own and need to license songs directly from (usually in this order) the publisher, the producer or the artist.


[Alex DeJesus] "If I produce a music video for a local entertainer, and the music and lyrics of the song are not hers, nor does she know their origin, what are my protections? I've tried a web search on portions of the lyrics and came up empty, but I know the song didn't appear from nowhere. Please advise."

The article answers this question, in depth also. Basically, you are culpable and even if a piece of paper saying that the client holds you harmless if any suit should arise, it will not hold up in court and you will be liable without a leg to stand on.

Best regards,

Ron Lindeboom




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Alex DeJesusRe: COW Tutorials: Business & Marketing Tips Understanding Copyrights, part 2: Fair Use
by on Aug 19, 2005 at 10:57:51 pm

I just read what's posted in the forum, not the entire article. Is there an agency that archives song lyrics? What should be my first step in researching a song?


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Lee PeelerRe: COW Tutorials: Business & Marketing Tips Understanding Copyrights, part 2: Fair Use...BMI
by on Aug 19, 2005 at 11:08:57 pm

Check out the BMI website it can probably point you to the publishers of most music and could help with other issues you might have.


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