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Using copyrighted music?

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Frank J. Lozano
Using copyrighted music?
on May 18, 2007 at 1:44:34 pm

How do wedding video producers use the client's favorite music in their video when it's obviously copyrighted? Like from a commercial CD?

Frank


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debe
Re: Using copyrighted music?
by
on May 18, 2007 at 1:59:19 pm

Illegally.



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debe
Re: Using copyrighted music?
by
on May 18, 2007 at 2:05:26 pm

Ok. That was a little brief.

They do it because they either don't know they're not supposed to because they're new, or they figure no one is going to catch them, so they don't care.

Either way, the answer to "how do they do it" is still "illegally", unless they are paying for sync rights. As we all know, that's highly unlikely.

The "real" question is "why do they do it", and that answer is the clients ask for it, and their excuses for breaking the law are what I wrote above.

debe



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Frank J. Lozano
Re: Using copyrighted music?
on May 18, 2007 at 2:31:17 pm

One wedding video producer in business for some time has the following written in their contract with the client. Is this just transferring liability?

"Music will be provided by the client, who is solely responsible for obtaining permission to use the music"


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Ron Lindeboom
Re: Using copyrighted music?
on May 18, 2007 at 2:57:15 pm

That sounds good but it does NOT work and you cannot do the work without assuming legal culpability. The onus is on the creator of the work -- the one who actually does the work for hire -- and they will not divest themselves of the responsibility with a cute little phrase in a contract. They may make themselves think that they are safe but a lawyer would tell them that they are smoking crack if they think so...

The only way this is not the case is when a video producer is an employee of a company who gives them the work to do and then the responsibility falls on the company that gets the money, not on the employee who performs the work as part of their job.*

Best regards,

Ron Lindeboom


*LEGAL STATEMENT: All information in CreativeCOW.net is offered without guarantee as to its accuracy and applicability in all circumstances. Please consult an attorney, business advisor, accountant or other professional to discuss your individual circumstances. Use of the information in CreativeCOW.net, Creative COW Magazine, the COWblogs, etc., is not intended to replace professional counsel. Use of this information is at your own risk and we assume no liability for its use.




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Frank J. Lozano
Re: Using copyrighted music?
on May 18, 2007 at 4:10:07 pm

Thank you Ron - I appreciate your expert advice.

Can someone recommend a good copy right free music library, or maybe one by subscription where you get updates.

Thanks,
Frank


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Ron Lindeboom
Re: Using copyrighted music?
on May 18, 2007 at 11:07:43 pm


You are welcome, Frank. But I am not the expert, Nick is. Me, I just get to play his side man for comic relief from time to time.

Best to you,

Ron Lindeboom


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Nick Griffin
Re: Using copyrighted music?
on May 19, 2007 at 10:43:51 am

Spleeschhhh!!! (That's the sound of the Danny Thomas 'spit take' I just did all over my laptop with my Saturday morning coffee.)

I'm not the expert, just the first here to start using the phrase "I'm not a lawyer... but..."

Seems to me, oh Ronnie Won Kenobi, aren't you the guy who just put:

*LEGAL STATEMENT: All information in CreativeCOW.net is offered without guarantee as to its accuracy and applicability in all circumstances. Please consult an attorney, business advisor, accountant or other professional to discuss your individual circumstances. Use of the information in CreativeCOW.net, Creative COW Magazine, the COWblogs, etc., is not intended to replace professional counsel. Use of this information is at your own risk and we assume no liability for its use.

at the bottom of a post??

Now THAT'S someone attuned to the times in which we live. And I might add: Your mileage may vary.


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walter biscardi
Re: Using copyrighted music?
on May 19, 2007 at 10:50:25 am

[Frank J. Lozano] "Can someone recommend a good copy right free music library, or maybe one by subscription where you get updates."

royaltyfreemusic.com

Walter Biscardi, Jr.
http://www.biscardicreative.com
HD Editorial & Animation for Broadcast and independent productions.

All Things Apple Podcast! http://cowcast.creativecow.net/all_things_apple/index.html

Read my blog! http://blogs.creativecow.net/WalterBiscardi


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Steve Wargo
Re: Using copyrighted music?
on May 20, 2007 at 6:41:10 am

We use Smart Sound. You can custom tailor the length and if you are musically inclined, you can customize the song itself. I am not at all talented in that arena.

I think the company might actually be called Sonic Fire. I just went to look and found this: http://www.smartsound.com/sonicfire/

Se easy, even an editor can do it.

Steve Wargo
Tempe, Arizona

It's a dry heat!


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debe
Re: Using copyrighted music?
by
on May 20, 2007 at 5:50:55 pm

Actually, it's the other way around, Steve.

The company is SmartSound.

One of their products is Sonicfire Pro.

I'm a relatively new user of Sonicfire Pro. I purchased it at MacWorld back in January, and really had a good chance to get familiar with it on a project for NAB.

It's excellent for those like me that are....well.... musically inept! I can keep tempo, but that's about it. You don't need to be a musician to use it. The Strata Series tracks are so versitile that one track on a disk has three to six variations and on top of that, each variation can have up 10 or more moods. That's some serious math that will show you that each disk with 12-14 tracks can have so may variations that I can't even calculate right now.

Now, I love my audio editors, and I'm not about to try to take them out of the equation, but the video editor and producer having the ability to get into more complex "rough" music picks before the audio mix is a new workflow that I'm really excited to explore.

debe


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Rob Webster
Re: Using copyrighted music?
on Jun 23, 2007 at 4:39:26 am

Check out freeplaymusic.com. In limited circumstances, their music is completely free. But in most cases, there will be a liscence fee you have to pay. One option is that you can always download the music for a client, and then purchase the music based on the client's approval.


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ArtistDavid
Re: Using copyrighted music?
on Jul 6, 2007 at 3:00:42 pm

Just a note on using http:/www.freeplaymusic.com.

http://www.freeplaymusic.com/licensing/ratecard.php
http://www.freeplaymusic.com/licensing/termsofuse.php

I first came across them in early 2001-2002 or so as a huge part of their library was bundled with DVD Studio Pro. With the name of their web site and the original "Music License" things have changed since 2001.

With all of the web, blogs and everything else that are being produced today, what used to be "royalty-free" content (music or image) as long as you weren't producing for resale or profit is changing.

Good Producing!


"Where the spirit does not work with the hand there is no art."----Leonardo daVinci


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Kerry Brown
Re: Using copyrighted music?
on May 18, 2007 at 4:51:32 pm

There is a new service available now to help in this area.
http://www.zoomlicense.com/

KB


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Frank J. Lozano
Re: Using copyrighted music?
on May 18, 2007 at 6:58:01 pm

Thank you Kerry. Have you used the service and what do you think?

Frank


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Kerry Brown
Re: Using copyrighted music?
on May 18, 2007 at 10:28:30 pm

Have not neede to use it yet. Just aware of it as I am a WEVA member. I understand that it is in the proccess of lining up some good music.

KB


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Tim Wilson
Re: Using copyrighted music?
on May 19, 2007 at 12:06:06 pm

I know that brides often ask for popular songs to be part of their videos, and that that's where the conversation began. But once we start talking about royalty free music, I like starting with SmartSound. There are plenty of ways to customize tracks so that they don't sound like "out of the box" music, but it's some very high quality stuff that I've used for years.

My two favorite parts are that you can make the tracks match the length of your clip, and that you can combine elements from several very different sounding clips -- again, elements to make your music sound unique and not at all packaged. The newest version has elements to take it farther still, with control over mood, which instruments play and more.

Sony Cinescore takes a similar approach -- in fact, they license SmartSound's technology for fitting music to length. I haven't heard the music though.

One to watch is the AutoComposer feature in Adobe's upcoming Soundbooth release as part of Creative Suite 3. The current beta only has 3 scores in it, but the release version this summer will have dozens. Rather than "mood," their approach is to adjust "intensity." It's pretty slick stuff, and even in its beta form, I've used those tracks plenty.

Last but not least, I've licensed music from professional libraries. The best one by a long shot is FirstCom, but it's not the cheapest. The coolest thing about it though is that they have truly top-level musicians -- major Grammy winners, jazz and popular music artists you've heard of, etc. -- and a massive library to choose from. I found them totally worth it: I won a number of jobs with their music. I can't even tell you how many times I heard, "We saw a lot of nice video, but your music was head and shoulders above the rest so we're hiring you."

All good options, well worth the money.


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beb850
Re: Using copyrighted music?
on Jul 2, 2007 at 1:27:46 am

Tim,

I looked up the FirstCom site. I couldn't find any pricing with out registering. How much does this service run?

Thanks,
Beau



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