I have a wedding video to do and the clients want music with it as well. Seeing how the dvd will be for them and family and not sold to the generial public can music be adde legally? I thought if they give me their disc to rip the song off of it would be better, but is it legal?
The short answer is NO!
If as you say, the production uses commercial music of any kind, then a fee is due for it's use.
There is no legal way of escaping this and the MCPS or it's American equivalent take a dim view of excuses like "I didn't know it was illegal" etc.
You can take the risk and you may be lucky, on the other hand you may not be lucky.
Do you know if any of your clients family is a law enforcement officer or a copyright lawyer etc.
If this is your business, don't take the risk.
Richard
Wisz Media Services
5 men (not in legal/video business) each buy a dvd recorder and plugs in to Sky.
Bloke 1 records famous pop concert, watches it the next night, then deletes it.
Bloke 2 records famous pop concert, watches it the next night, then passes it to mate to watch.
Bloke 3 records famous pop concert, watches it the next night, then passes it to mate to watch in return for £5 for cost of dvd / postage.
Bloke 4 records famous pop concert, watches it the next night, then passes it to mate to watch in return for £5 for cost of dvd / postage.
Bloke 5 records famous pop concert, watches it the next night, then makes 10 copies (via dvd hard-drive say) passes it to 10 mates to watch in return for £5 for cost of dvd / postage.
I believe each are breaking the law.
Bloke 1 represents most of the country, but it could be construed he has paid for it by virtue of sky subscription.
You could argue same for blokes 2 to 5, but the point for them would be that they have deprived sky/artist income and law would take an increasingly bad view.
All innocent? Readers of this forum in the last 2 days will be painfully aware of how acting with intelligence and innocence can still land you in hot water re intelectual property.
Dave.
P.S. The man in the video shop made plenty of commission that day.
I suspect most people record once and watch repeatedly!
Dave why is it in number 2, that is depriving some artist, when if I buy a car and hire it our for profit that does not, you could argue that to deprives the manufacturer out of some income.. Now if I made a copy of that car or music and sold it, then I can see that as depriving an income to somebody.
What if in No. 2 the guy likes it so much and purchases a legit copy, will that be legal and who gets the commission
Personally I think Copyright law should be abolished and it should come under patent law, after all music is unique just as is a patent.
Hi Mr Cheema,
Don't shoot the messenger.
If matey didn't get freebie copies of footy / music etc, he may subscribe to Sky.
I'm sure it's in the Sky smallprint - though I haven't looked.
The point is the law - theory and practice has lots of grey areas - with lots of shades of grey.
I agree the laws require simplification and an easy way to pay. At the moment it is overly complex with too much administration.
I was about to write lots more - but it's a minefield I'd rather avoid (legally).
Dave.
I'm not sure what Sky have got in their small print as I don't subscribe, but generally speaking timeshifting is not illegal (so the bloke in Daves first example may not be breaking the law).
Here's a quote I Googled from Legal Week
"The Copyright, Designs and Patents Act 1988 responded to the spread of domestic video recorders by permitting timeshifting of broadcasts. Section 70 of the Act permitted the making ‘for private and domestic use’ of a recording of a broadcast. When the law was updated, section 70 was tightened by requiring that the copy be made ‘in domestic premises’."
So Its still illegal even if the customer supplied the music from the original store bought CD that they payed for?
So Its still illegal even if the customer supplied the music from the original store bought CD that they payed for?
Yes.
You can legally use the music, but you have to pay a royalty for doing so. Contact the MCPS in the first instance.
Thanks Gyr - I didn't know that.
I always thought it was breaking the law, but 'the industry' turned a blind eye to it.
I guess it also implies that as 'timeshifting' and not 'personshifting', passing a copy to your mate is still legally a no go (unless mate lived in same abode).
Dave.
Sorry Dave, I was not implying it was your fault, just how absurd the whole thing is. Why for some reason music has it's own special act.
I film and edit weddings and so am familiar with that bit. I have heard in the grapevine that there may be some changes, mainly the fair use of the item, which we do not have in the UK.
You will also require a PPL licence as it is a recording, its about £8 per disk (ouch) ww.ppluk.com, looked on the site but cannot find where the information is (typical) so best call them. t: 020 7534 100
I would think the same would apply if some one sang at the wedding.
Hi Mr Cheema,
I realise you weren't blaming me - I was just ducking the question as there is lack of clarity in how we are supposed to conduct ourselves.
We are both/all in the same position - we want to abide by the law, pay a fair price for use of music etc, but not have to spend several hours submitting forms / awaiting replies and sometimes even getting licenses when they are not even required (they don't tell you this, they just take the fee). I have been given conflicting advice in the past by mcps.
With regard to PPL, my understanding is that this is for any 'live music' you may record, which is an integral part of the recording (if car goes past co-incidentally with robbie williams blaring out a PPL is not needed) and is intended for music over pa systems, choir reciting a song 'live' , background music at evening dance etc.
If the music is purely copied from say CD, then PPL does not apply, just the mcps if under their admin.
Not under mcps admin:
By this I am referring to 'copyright free' music, where you are actually paying for it's use under a different agreement (whaich varies from one company to another.
Dave.