Adding copyrighted music to DVD's ok in this case?

clearvu wrote on 6/3/2004, 7:40 PM
If I make say a photo montage for someone on a DVD and they give me their CD's for the music bed, is this legal?

Like, THEY are getting a DVD from me which they would then own and THEY also own the music that's playing on the DVD since it came from them in the first place. To me it sounds legal.

In other words, if I made a DVD without any music, they could very well play the DVD I made for them with a their own CD playing in their stereo at the same time with the same result. Understand what I'm saying?

So, is it legal to burn DVD's with copyrighted music provided the person actually owns a copy of the CD that the music is coming from?

Brian

Comments

JohnnyRoy wrote on 6/3/2004, 8:00 PM
> So, is it legal to burn DVD's with copyrighted music provided the person actually owns a copy of the CD that the music is coming from?

No, it is not legal. By syncing the music to the pictures you have created a derivative work for which you did not obtain a license to create. Buying a CD gives you the right to listen to the music. It does not give you the right to create a new work from it. You need to contact the publisher of the song and obtain a sync license. Then you would need to contact the record company to get re-distribution rights since you are re-distributing the song in a new format (i.e., your video on DVD). You may even need to pay mechanical royalties, so its not that simple.

The funny thing is, if you taught you friend how to do a photo montage themselves (or you did one for yourself) it is totally legal because it is a private work. Once it changes hands the legal rights change. You can read more about this by following some links I’ve provided on the music copyrights page my web site.

~jr
clearvu wrote on 6/3/2004, 8:30 PM
Some of these laws are nuts!

What if the person is with me and hits the enter key? It could very well be said that the DVD was a private work!

Maybe I should get them to do that.
JohnnyRoy wrote on 6/3/2004, 8:46 PM
> Some of these laws are nuts!

I guess you have to draw the line somewhere and no matter where you draw it, some will want you to move it.

> What if the person is with me and hits the enter key?

If you worked on it together then it wasn’t a private work. It was a collaborative work. ;-)

~jr
kentwolf wrote on 6/3/2004, 8:54 PM
>>...What if the person is with me and hits the enter key?

That's pretty good! :)
goshep wrote on 6/3/2004, 9:02 PM
Methinks JohnnyRoy is part-time editor/part-time lawyer! :D

DavidMcKnight wrote on 6/4/2004, 4:12 AM
I know this subject has been hashed out many times. I KNOW that. It's all over this forum and others. I hesitate to post for fear of creating yet ANOTHER uber-long thread. But here goes....

Granted, the laws are less than ideal. And that's putting it nicely. In fact (and I do not know for sure myself...) is it actually legal to sync the music in the first place, even if it is for your own use? I thought the laws were so absurd that you could pretty much not do anything with the music other than listen to it or make a copy for yourself to listen to (as opposed to a copy synced to video) without getting permission from publisher, record company, and the Pope.
farss wrote on 6/4/2004, 4:24 AM
I can only speak for Australia but similar arrangments do appear to apply in other parts of the world (NOT the USA it seems).
Here you can get a licence from the Australian Performing Rights Association (APRA) to do this for wedding videos and I would assume the same would apply for photo montages. Licence is obtainable on a per video or per annum basis. Client must own a legal copy of the music, you may make upto 35 copies of the work for the client. I'm not certain if there has to be a copy of the music purchased per copy of the video or not. Clearly you'd need to check this out with APRA or the equivalent body in your country.
I've mentioed this deal before here, it seems like an island of sanity in a world gone nuts. I just hope that such a simple idea can get spread beyond out shores.
clearvu wrote on 6/4/2004, 4:25 AM
I thought about the "this subject has been hashed out many times" issue. However, from what I could find, It seemed my question was not specifically dealt with.

I agree there has to be limits to how songs are used and that the intent is to avoid distribution of songs without legitimate royalties being paid to the artists.

I certainly knew about the problem of using commercial music and putting it as a background to a Montage, but thought perhaps the point of a person who gets the DVD also having provided the music, might be different.

Oh well.
RalphM wrote on 6/4/2004, 4:44 AM
The US laws are skewed in favor of the owners of the works, but it is their work. Too bad we don't have a licensing scheme similar to that of the UK so that we could pay a royalty for one time use of copyrighted works.

I observe the copyright laws and have had to turn down business because of it - even for friends.

Funny how I've taken a different position after I began creating my own stuff. I'd be really ticked if I saw uncompensated copies of my projects.
Hannibal_ wrote on 6/4/2004, 5:45 AM
Because of the complexities of fairly compensating the license holders of commercial works, I believe we should all strive to nuture our musical talents. I, myself have already completed a work that is a nice blend of junior high marching band and porno music, mixed with some rather alarming other sounds. This music thing was far less dificult than I had thought.

Still awaiting a reply from the major labels.

Hannibal
Spot|DSE wrote on 6/4/2004, 6:23 AM
dmcknight, it's legal to sync copies for your own use, such as a family video that you make one copy of. It's the distribution of it that becomes a problem. Somewhat falls into the same category of making your own mixes on CD's.
dvdude wrote on 6/4/2004, 7:22 AM
>"Too bad we don't have a licensing scheme similar to that of the UK so that we could pay a royalty for one time use of copyrighted works"

Yeah - too bad. I wonder how APRA/MCPS got started???
MadMikey wrote on 6/4/2004, 9:04 AM
If I video tape a public performance, some band performing in a public city park, how am I allowed to use this video? What permissions if any do I need to use it? Also footage of people in the park listening to this performance?

Thanks,

MadMikey
DavidMcKnight wrote on 6/4/2004, 9:18 AM
thanks Spot, good to know....hmm....now as another poster said, I'll just have the customer come over and click the Burn button, and then I'll invoice him for "services"....YeeHaw!!!
vitalforces wrote on 6/4/2004, 12:37 PM
It helps me to think in terms of how the marijuana laws were viewed in many states in the 60s. Possession is the offense usually winked at, but possession with intent to sell, or distribution of a controlled substance, was prosecuted.

So--think of music rights as a controlled substance. The more people who know about it, the closer you are to being In Trouble.
Spot|DSE wrote on 6/4/2004, 1:02 PM
"I know nussink! Nussink!"
dvdude wrote on 6/4/2004, 1:05 PM
You do impressions too then - jeez, there is no end to your talent list is there.....
DavidMcKnight wrote on 6/4/2004, 4:14 PM
"Schulz is dead! Schulz is dead!!!"

...which is the punchline to a joke about a wurst and that has...nussink....to do with any of this. (Sigh), sorry for going way OT
JohnnyRoy wrote on 6/4/2004, 10:53 PM
> Methinks JohnnyRoy is part-time editor/part-time lawyer! :D

I only wish I made a lawyers salary. I guess I should have added the disclaimer that I’m not a lawyer (I don’t even play one on T.V.) and that my comments only hold true for the US if I was a lawyer. And that you should always consult your attorney in these matters. Your mileage may vary. Void where prohibited by law (of course that would require asking a lawyer exactly where it is prohibited). ;-)

Actually, when asking for free legal advice, you always get what you pay for.

~jr
Spidey_senses wrote on 6/5/2004, 12:38 AM
I thought this web article posted by SPOT (sourced from Douglas Spotted Eagle) on a related thread in this foruum was pretty helpful.

http://www.digitalvideoediting.com/2004/02_feb/features/copyright_caveats3.htm

In fact I booked marked it for future references.

jaegersing wrote on 6/5/2004, 12:52 AM
Is SPOT allowed to source material from Douglas Spotted Eagle in the first place? Hope there's some fair compensation given. :)

Richard Hunter
Spidey_senses wrote on 6/5/2004, 12:56 PM
Ha! Ha! jaegersing your too funny,

...that's why in my post...I sited my references...

ya, I wouldn't want to lead people on thinking I was the originator of the weblink, nor the the article....so of course I just HAD TO give out the credits..where credit was due.

I think since I sources SPOT's post...that should fall under the fair use act right? SO I'm good...Ha! Ha!