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Another Copyright question

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Rich RubaschAnother Copyright question
by on Feb 9, 2006 at 5:50:23 pm

Ok, here's a new one. Talked to staging company...they suggested a copyrighted song. They claim that the hotel pays for a BMI/ASCAP license to play songs in the hotel system, so we can use a song under that license since we'll be at that hotel. They have done it before and "everything was ok."

Of course I am the bad guy pointing out that we could try to find a similar song from our music library because of potential copyright issues.

Anyone ever piggy back a hotel's license to justify using a song for a corporate conference video?

Rich Rubasch
Tilt Media

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ArniepixRe: Another Copyright question
by on Feb 9, 2006 at 6:08:50 pm

Ask to see the license. I bet it doesn't include the rights your client thinks it does.


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Frank OttoRe: Another Copyright question
by on Feb 9, 2006 at 6:55:37 pm

I've heard it before Rich... (a common ploy in Las Vegas)

Botton line...They lied. It doesn't and you can't. Hotels have a BMI-ASCAP license for "non-syncronized" music, meaning music from music delivery systems such as DMX and television events shown in public rooms or general public areas. License does not cover any other use. And playback of a specific song is concidered syncronized since "you" chose what song and when to play it in a public event or venue. Additionaly, the Hotel would have had to produce the event in the first place to even consider using their license.

Fair Use doesn't even come into play - especially if client has the ability to pay the fee or select another, similar song. "Perfect for the event" is not a vaild arguement.

We just had a case here in town of a major resort/hotel getting slapped down for using copyrighted materials in their hotel and website promotions. Another company got clanged last month for using video clips in training.


Frank Otto

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