Using customer's CDs

dpvollmer wrote on 10/1/2007, 2:17 PM
If I am putting together a video project for a customer and they want me to use music from CDs that they have purchased, is it legal to do that? The types of projects that I am basically referring to are memorial, vacation, family history, etc. slideshows that are going to be used by and within the family.

If it is not legal and the customer insists that their music be used who gets into trouble: the customer or me?

If I have to provide royalty-free music would you use Cinescore, SmartSound, or what?

Thank you.

Comments

jrazz wrote on 10/1/2007, 2:22 PM
It is illegal.

Both of you get in trouble (because you are now aware that it is illegal)

I would use royalty free music. I like Cinescore and there are others who like and use a combo of things. Even VASST has some loops that work seamlessly with eachother and they have markers that work within Vegas.

If you want more info on this topic, do a search on this forum for copyright.

j razz
dpvollmer wrote on 10/1/2007, 2:28 PM
Thanks, jrazz. I did a search but spelled copyright "copywrite" so didn't get very far. Since I am also learning Final Cut Pro I would probably need to invest in software that worked with both platforms.

David
jrazz wrote on 10/1/2007, 4:37 PM
Both of the ones I mentioned are platform agnostic but they work better with Vegas. Vegas offers perks.

j razz
birdcat wrote on 10/2/2007, 5:01 AM
Aside from CineScore and SonicFirePro (I have and use both) there is also a wealth of RF music from DigitalJuice. Their StackTraxxx are very good - Normally $99 per volume, they have bundles available - $99 for two, $149 for five and $249 for ten.
farss wrote on 10/2/2007, 5:47 AM
One could look at this another way around.

Is it legal for them to play the music that they purchased?
Yes.
Can they play that music while watching your video?
Yes.
Could you control the playing of that music via a control track in the video from an automated player?
Yes.

Could I do that down here in a public venue.
So long as the venue had paid their licences, yes!

Could I put the exact same music and video into the one piece of media and play that, achieves the exact same outcome?
No, not according to the letter of the law, I've then syncronised the music to the movie, oops. Does anyone seem to care that this happens all the time?
I can't say for certain of course but damned if I wasn't left feeling like an idiot for raising this point with those entrusted to enforce the law.
Make of this what you will.
Try to sell the 'movie' that you've created and all bets are off and rightly so. My personal spin on this. Technology has created a bit of a legal can of worms here and one that might be difficult to legislate. Rather than try to fix the mess the problem is just ignored. No ones rights are being trampled on, no artists, studios or distributors are loosing money over it. Break the spirit rather than the letter of the law (e.g. start selling the movie) and hopefully you'll get nabbed. I guess I'd also add that if you started doing something offensive enough in a public venue for a rights holder to lodge a formal complaint then you'd no doubt be in trouble.

Of course if you're lucky enough to live in many countries outside the USA then you can get a licence that makes the whole thing legit, well for weddings and the like. Doesn't cover public performance though, that just slips under the radar.

Bob.
rjm1717 wrote on 10/2/2007, 6:17 PM
I have researched copyright laws quite a bit and it is a violation.

I just wonder how severe a violation it may be for someone to download music from a service such as Napster on behalf of your customer who wants it in a picture compilation. Services such as Napster have very clear licensing agreements that allow you to burn a purchased song a certain number of times and if do not exceed that........? If the songs have been purchased and given to someone as part of a DVD, is that a major offense? Technically yes but would anyone spend the time pursuing it as long as you are not making a large number of copies? (i.e. < 3 DVDs for your customer's personal use & not to be played in public etc). It seems as if the licensing agreements with all of the internet music services now available maybe a little different than the old days when most of us used to go to Tower Records and buy a CD.

Here is the Napster agreement:

"You may burn each Purchased Track to a CD an unlimited number of times, but may only burn each Purchased Track up to seven (7) times as part of any particular playlist of songs. A "playlist" is a discrete group of Purchased Tracks that are arranged together in a particular order. Once you have burned a Purchased Track to a CD, you agree not to copy, distribute, or transfer the track from that CD to any other media or device.
You may transfer a Purchased Track an unlimited number of times to three (3) portable devices that are compatible with the Service's Usage Rules and security requirements. Once you have transferred a Purchased Track to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device. You may be required to register your portable devices with Napster. "

It seems kind of a grey area to me and a couple of lawyers I have talked to. I think transferring that track to any other media puts a damper on things.

I still don't really have the courage to do it. Just wishful thinking. Any comments?

Finally, wasn't BMI (or some other company) looking at making some extended licensing agreements to help cover this type of issue? i.e. instead of 99 cents a song it would be more like $3.

Clearly the safest route right now is to use the royalty free services.
CClub wrote on 10/3/2007, 3:27 PM
Here's what I do in the case of a family just wanting something for their private use: I render the video to some simple royalty-free music or music I create with Band-In-A-Box. Then, I render the video without the music soundtrack to an uncompressed avi onto a data DVD that they can pull into a simple program they can buy or download inexpensively. I then give them instructions how to sync up the video file with the music for private use.