Copyright Music on DVD

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Ian_C
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Joined: May 6 2004

I’m in the process of completing a home video of my young son and wanted to add a particular piece of commercial music which is copyrighted and I have recently spoken to MCPS and PPL about getting the necessary licences.

In both cases it is quite straightforward but in the course of conversation with PPL they mentioned that their video dubbing licence only covers videos which are on tape not DVD.

When I first read their terms and conditions I was more focused on the fact it was for a video and it did not occur to me that specific media was excluded and although they do not specifically state that DVDs are excluded from the licence they say that they “grant licences for the dubbing of sound recordings onto video tapes”

I emailed them for confirmation and they have replied confirming that DVDs are not covered by the licence.

Other than getting the record company’s permission it seems that there is no reasonably straightforward way to legally put copyrighted music onto a DVD.

I assume this affects wedding videos in the same way as home videos and wondered if anyone is aware of any discussions taking place within the various bodies that represent people in the video industry to address the issue.

Ian

mooblie
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Joined: Apr 27 2001

Maybe this revolves around the fact that a VHS tape is an analogue (and hence "quality-reduced") dub, whereas a digital copy is "perfect".

(OKOK, I know a DVD is likely to be AC3, and hence compressed, but the point still holds?)

BTW - Welcome, Ian.

Martin - DVdoctor in moderation. Everyone is entitled to my opinion.

rkgibbons
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Joined: Apr 30 2003

If it's for home use (never to be sold or broadcast in public) then use whatever music you like.

There is absolutely no way anyone would ever care, and certainly no way that anyone would ever try to prosecute you.

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branny
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Joined: Nov 6 2001

Quote by IanC

in the course of conversation with PPL they mentioned that their video dubbing licence only covers videos which are on tape not DVD.
I emailed them for confirmation and they have replied confirming that DVDs are not covered by the licence.
This is strange. Is it a valid loophole or a further snag?

Do not follow, I may not lead. Do not lead . . . I may not follow.

JOHN . A.V.
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Joined: May 6 1999

very fair point Ian , and this of course throws up other points. Since most now offer DVD and not VHS as a first choice this null`s the need for a ppl liscence. Buying it in the belief that you`re
legal - But you aint.So when you send off a cheque for £45.00 + , It`s pointless. MCPS allows DVD`s under Lapl.What a way to run a railroad!.

gerry roffey
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Joined: Jun 7 2001

When Jan, on behalf of the APV, queried this point (about 6 months ago now)they told her that "we don't think many people have their weddings on DVD"

Stunning!

branny
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Joined: Nov 6 2001

So. Going 'by the book' is there a need for a licence for video productions only output on DVD?

Do not follow, I may not lead. Do not lead . . . I may not follow.

harlequin
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i was told verbally by mcps that dvd came under 'digital rights' which includes video on lan/wan etc.
I'm still waiting for the info in writing.

found this on mcps website

Quote:

Procedure for DVD video licensing
As with Retail Video Licensing (VHS), the prior permission from all the relevant copyright owners is required before using commercial music in an audio-visual production. Again, if you plan to record from commercially released audio products (CDs/Tapes) you will need a separate licence from the owners of those sound recordings.

The procedure for the licensing of DVD videos is similar to that of retail videos. Once you know which musical works are to be included in your production, please contact the Licensing Services Department for a DVD Video: Application for Licence for Sale to the Public. When you are able to complete all the details requested on the form, please return the form to MCPS who will log your application and, subject to approval from the copyright owners, issue you with a licence.

Gary MacKenzie

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Ian_C
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Joined: May 6 2004

Gary – I was looking at the MCPS licence for Limited Availability Productions for non corporate, under 500 copies. When I spoke to MCPS they were not concerned whether the video was on tape or DVD presumably because they represent the composers/writers and the format doesn’t affect them too much.

If I understand correctly PPL represent the record companies and that is where the problem seems to lie. Mooblie - I think you're right in that it the problem seems to be rooted in the fact that DVD is digital.

I asked PPL if DV tapes fell within the licence terms and initially they said no it was only for VHS tapes but when I pointed out that their terms and conditions only said "tapes" they retracted and said that DV tapes would be ok although they may probably have not understood the implication and I don’t have this in writing.

rkgibbons - I know that for a home video I could put whatever I liked on and nobody is likely to find out or do anything about it. But there is the matter of respecting other people's copyright and ultimately it is illegal. Also my video is no masterpiece but it is a precious memento for us and in order for it to last it will probably need to be transferred to another format at some future date. I may have the means to do that or I may have to get a company to do it. Understandably many companies don't want to take on jobs which infringe copyrights. The MCPS and PPL charges were not outrageously prohibitive so I figured that if I had the necessary permissions now it might avoid problems later, not guaranteed I know, but I thought worth trying.

Ian

harlequin
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i have a bit of paperwork from them at work relating to student productions.
i'll see if i can dig it out , it is a limited copy license and i think it allows any digital medium.

i'll look for it on monday. i know that digital is causing all licensing agencies a nightmare since most modern photocopiers are now scanners/printers and at some stage it must be storing the information digitally , and many works that you can photocopy expressly state no digital storing.

Gary MacKenzie

sepulce@hotmail.com ( an account only used for forum messages )

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Humax Foxsat HD Pvr / Humax Fox T2 dvbt

red
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Joined: Oct 1 2000

I imagine that the all encompassing statement;

"All rights reserved, Unauthorized copying, hiring, lending, public performance and broadcasting of this recording prohibited"

that you find on all cd's & dvd's covers this. It cleverly doesn't specify formats.

Z Cheema
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Joined: Nov 17 2003

I can back Ian up on his statement about MCPS and DVD, it does not specify this.
The confusing thing is that we are allowed by the PPL to copy to tape, even from CD or DVD, so seems odd that you can not transfer to DVD, it is compressed and so technically inferior to CD.

This could all be stopped you know, instead of recording the song we place a tag for the music, and when the recoding is played (Tape/DVD) it plays the clients copy of the music from their collection on the server, if they do not have it they can purchase it. Think of the revenue they would loose and how it would simplify things for us.