Another Copyright question....

zstevek wrote on 4/30/2006, 7:37 AM

I am doing a graduation DVD and realized that the PowerPoint presentation the school is creating uses copyrighted music. I have been asked to add this to the DVD, my question is will I be held responsible for someone else's improper use of copyrighted material if it is placed in my video?

Comments

TheHappyFriar wrote on 4/30/2006, 8:46 AM

yes, you could be. I replaced the music when I did that... one time they played it durring graduation & I edited it out.

But... if it's a work for hire, you may be able to do whatevre they want if they sign a paper saying you're not liable.

ScottW wrote on 4/30/2006, 9:15 AM

A piece of paper saying you're not liable is probably not worth the paper it's printed on.

--Scott

TheHappyFriar wrote on 4/30/2006, 9:40 AM

i'm not saying a piece of paper, a contract signed between him & the school. When I worked at a TV station I did what the boss wanted. I wasn't (and couldn't be) held liable for doing my job. My job wasn't to figure out if what i was told to do was legal or not. If the school said "we're hiring you to tape a graduation & put it on DVD" and he's hired, then I don't see how it's his worry. It should only be his worry if he's doing this himself to sell DVD's. Then he's the one who needs the permission.

winrockpost wrote on 4/30/2006, 9:56 AM

I am not a lawyer:
the copyright deal I think is obvious.

But if you are doing something illegal ,even if your boss tells you to, I think you can be held liable.

ScottW wrote on 4/30/2006, 9:56 AM

I could be wrong, but I'm pretty sure that if you are knowingly doing something illegal it doesn't matter whether whether you were ordered to do it or not. The "I was only following orders" defense doesn't seem like a very sturdy platform, especially with the way the RIAA has been acting of late.

On a smaller venue, you might be able to get away with this, for a graduation, well, I'd say there's certainly more exposure to risk.

Would I do this myself? Maybe, but I'd certainly accept the fact that my rear end was on the chopping block and I'd certainly feel a lot better about not using copyrighted music for this venue. Oh, and I'd probably spend a little time educating the school officials about what the difference is between things like "fair use" and "syncing."

--Scott

jrazz wrote on 4/30/2006, 11:22 AM

I agree with Scott on educating the school officials. It is ironic that the school is the platform from which our nation learns and is educated and yet there are no qualms with breaking the law when it comes to copyrights.

I would not do it- I would err on the side of caution (which is really no err at all as I would be within the boundries of the law). I would give the school the option to procur the rights to use, after explaining to them that there is no way they are going to get them. I would also give them the option to allow me to use copyright free music or for them to find someone else who is willing to break the law to do what the school wants. But then again, maybe that's just me.

j razz

TheHappyFriar wrote on 4/30/2006, 12:38 PM

if I'm hired to do something i assume they know what they're doing, unless they're average people. I say once "you need permission." They say yes then I assume they do. Doesn't come up often though. Schools have layers and people to deal with this kind of stuff. if steve says "you do know you need permission, right?" & they say it's ok then get them to sign a contract that said they said it's ok. My boss never disclosed to me if what I was using or not was legal (found out later it wasn't... they've been screwing ASCAP/BMI/SESAC for years but they TOLD me i had the rights) and i don't need to ask. You don't ask your car mechanic if the parts he puts in your car are stolen, do you? :)

Former user wrote on 4/30/2006, 1:19 PM

Happyfriar,

I was kind of agreeing with you until your last statement. If you are in possession of stolen items (such as in your car part analogy), you can still be arrested for theft by receiving. Now you might be able to convince a judge that you were unaware the parts were stolen, but you don't get to keep the stolen parts. You lose them.

A signed statement from the school stating that they have secured the proper clearance and accept all responsibility to do so may, and I emphasize MAY keep you in the clear. But if this is a high profile project, it is risky. For most school projects, you might be safe. But remember, none of us are lawyers and none of us are qualified to give legal advice. Heck, even the lawyers don't understand all of the details of the copyright laws. :)

Dave T2

John_Cline wrote on 4/30/2006, 1:29 PM

If I haven't created the work myself or have a signed document from the copyright holder (or their official representative), I won't use it. Plain and simple.

John

DrLumen wrote on 4/30/2006, 3:52 PM

But don't public schools have a "somewhat" implied right to use copyright material. The libraries make copies of magazine articles, newspapers, etc. Isn't state or government educational purposes allowed as fair use? (I know that defense couldn't be used for a "for-profit" private school)

Not really sure but I seem to remember hearing something to this effect.

Just a tangent really...

jrazz wrote on 4/30/2006, 3:54 PM

But don't public schools have a "somewhat" implied right to use copyright material.

They do for educational purposes, but I hardly see how this use would be for education, ie the class room.

j razz

Spot|DSE wrote on 4/30/2006, 5:55 PM

The TEACH Act is very specific on what may and may not be copied, and for how long copies may be kept (No, they may not be copied in perpetuity).
John Cline's particular solution is the most trouble-free solution there is, IMO.