Copyright: Legal Issues You Need to Know (page 2)

The law is specific about what constitutes copyright infringement. Except for unusual and egregious situations, the government doesn't normally police and enforce copyright law. It is up to the copyright holder to find copyright violations and bring a lawsuit against the infringers. Songwriters routinely use certain societies or guilds, such as ASCAP and BMI, to find violations. These organizations send undercover representatives to random nightclubs, restaurants and catering halls to police their members' works. If the establishment does not have a license to play or broadcast the musical work, it may be fined or it may become the defendant in a lawsuit. As a videographer, you may need to get copyright permission even for live or recorded music played at an event you videotape. Ask the musicians or disc jockeys whether they obtained a license to play such music at the event.

If found guilty of copyright infringement, under the criminal portion of the law, or liable, under the civil portion, you may face a penalty of five years imprisonment and up to $250,000 in damages. Willful infringement is clearly more serious than unintentional infringement. Once again, as video producers, even if the law weren't so serious, we have an ethical duty to respect people who create original works. Stealing another artist's work is tantamount to stealing their car, their instruments and, literally, their livelihood.

What is the likelihood of being caught using someone else's copyrighted work? Generally, not very high. In the real world, professional wedding videographers often use copyrighted music without permission. One important aspect of prosecution is the demonstration of real commercial harm to the copyright owner as a result of the infringement, which is likely to be miniscule in the case of a wedding tape distributed to 10-50 people. But every once in a while, someone in the music or publishing or movie industry decides to make an example out of a low profile person or non-profit organization. Don't let it happen to you.

You may find that getting copyright permission is cheaper and easier than you'd thought. In fact, it might be as simple as asking for it (in writing). Explain why you need the material and how you will be using it. (See the Sample Request sidebar.) The difficulty arises where the respective rights of a bewildering array of people and organizations overlap. For example, in order to obtain permission to use all or part of a top 40 record, you may have to contact the composer, the performer, the publisher, or the professional association(s) representing any or all of them. You may need performance rights, publishing rights, reproduction rights, mechanical rights (for copying and using audio/visual works), film rights, electronic rights (for use on computers or the Internet), translation rights, adaptation rights for altering the work or making instrumental arrangements, or even broadcast rights.

Of course, you may obtain the right to use the work, but only if you pay a substantial fee. In general, unless you are making a major motion picture, attempting to obtain a license to use copyrighted materials might not be worth the effort.

Creating your video productions is stressful enough without having to worry about copyright infringement and the penalties associated with it. Choose to do the right thing: a) avoid potential problems by using works that are out of copyright or create original works by yourself or with friends and relatives; or b) belly up to the bar and obtain permission from the copyright holder to use the work. It might be less expensive and easier than you think.

Dear [Mr./Ms. Copyright Holder]:
I am producing a 30-minute wedding video for the family of a bride and groom and wish to include in the video your song, "Fools Rush In." Your song is the bride's favorite song and has great sentimental meaning for her. I will distribute the video only to a handful of friends and relatives, and will not offer it for sale or broadcast.

I respectfully request permission to use your song or parts of it in my video production, on a non-exclusive, royalty-free basis. If you agree to this request, kindly sign and date the enclosed duplicate of this letter and return it to me in the self-addressed, stamped envelope, also enclosed.

If you have any questions about my use of your song or would like a copy of the finished video, please let me know. My clients and I greatly appreciate your cooperation.

Sincerely,                                    AGREED:

__________________________              ________________________
John Smith, video producer              Sal Songbird, songwriter		

Date:_____________________

I, __________ [insert composer's name], hereby grant a non-exclusive, worldwide, fully paid-up, irrevocable license to __________ [insert video producer's name] to use my song, [song title]" or portions thereof in his/her video production, entitled, [video title]," which may be sold, leased, displayed or broadcast by __________ [video producer] with no further accounting to me.

_____________________   __________
Signature of composer      Date

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