http://www.videomaker.com/community/forums/ Videomaker Community Forums » Tag: copyright - Recent Posts en Thu, 16 Feb 2012 17:29:44 +0000 http://www.videomaker.com/community/forums/topic/copyright-question-2#post-74262 Sat, 28 Jan 2012 13:15:11 +0000 Tony Segreto 74262@http://www.videomaker.com/community/forums/ <p>VideoDave,</p> <p>Check out Earl's blog for some awesome info.  <a href="http://www.eccomeecgo.blogspot.com/">http://www.eccomeecgo.blogspot.com/</a></p> <p>One of the past posts lists a bunch of ideas for local videographers to make money. See <a href="http://eccomeecgo.blogspot.com/2011/07/if-youre-not-working-its-because-you.html">http://eccomeecgo.blogspot.com/2011/07/if-youre-not-working-its-because-you.html</a></p> <p>Cheers,</p> <p>Tony</p> http://www.videomaker.com/community/forums/topic/copyright-question-2#post-74222 Thu, 26 Jan 2012 20:25:33 +0000 dwhisel 74222@http://www.videomaker.com/community/forums/ <p>You guys are great...not exactly what I hoped to hear but then if I wanted to get the answer I wanted, then I wouldn't have asked the question. </p> <p>I suppose, it's back to the drawing board and look for other opportunities to earn a living. Thanks to everyone for posting your experience and knowledge.</p> http://www.videomaker.com/community/forums/topic/clients-want-copyrighted-music#post-72622 Sat, 19 Nov 2011 11:09:16 +0000 newmovies 72622@http://www.videomaker.com/community/forums/ <p>I agree with birdcat. I do not use copyrighted music because the risks do exist. There is a host of quality free music and royalty free as well available to us now... thankfully :)</p> http://www.videomaker.com/community/forums/topic/clients-want-copyrighted-music#post-72550 Thu, 17 Nov 2011 09:26:36 +0000 Simon 72550@http://www.videomaker.com/community/forums/ <p>You are getting paid, one-time, by the Client. Nothing to do with the Artist. Make sure the Client puts in writing that they are supplying you with the audio for the project, and possess the requisite copyright permission, or if they do not, accept all responsibility and liability for not doing so. You are then covered. She is making a bad decision, but in this way you have made sure that you are protected. </p> http://www.videomaker.com/community/forums/topic/clients-want-copyrighted-music#post-72544 Thu, 17 Nov 2011 07:56:50 +0000 chuckzoots 72544@http://www.videomaker.com/community/forums/ <p>I once shot an entire play with 6 camera positions to produce as a video, after shooting i found that the producers of the play had used copyrighted music from a major motion picture in the play, I explained the problem to them and they wanted to go ahead anyway. I eventually declined to produce the video. I cost me and the producers anguish and money, but I have no regrets now about this decision</p> <p> </p> http://www.videomaker.com/community/forums/topic/clients-want-copyrighted-music#post-72538 Thu, 17 Nov 2011 03:04:26 +0000 birdcat 72538@http://www.videomaker.com/community/forums/ <p>While I doubt anyone is gonna come after you, you ALWAYS run the risk of the PENALTIES of copyright infringement.  Perhaps yu should print the penalties/fines section of the Digital Millennium Copyright Act and let your client know what they are risking.</p> <p>There are also sound-alikes in the royalty-free world that can be had (Digital Juice had a couple of StackTraxx libraries that sounded just like the pop 40 originals and SmartSound has some as well).</p> http://www.videomaker.com/community/forums/topic/clients-want-copyrighted-music#post-72530 Wed, 16 Nov 2011 22:41:01 +0000 cfxcorp 72530@http://www.videomaker.com/community/forums/ <p>Have you contacted the record labels to ask permission or find out what the royalty payment would be?</p> <p>I have posted videos with copyrighted music, but not for profit, and I am okay with the Youtube ads.</p> <p>Here is some info on Youtube's site: <a href="http://www.youtube.com/t/copyright_permissions">http://www.youtube.com/t/copyright_permissions</a></p> <p>&nbsp;</p> http://www.videomaker.com/community/forums/topic/clients-want-copyrighted-music#post-72529 Wed, 16 Nov 2011 22:31:05 +0000 Jacob Wayne Bondesen 72529@http://www.videomaker.com/community/forums/ <p>I have a client that desires to have copyrighted music in the video content that I shoot and edit for her. I try out music in Garageband and other methods of free music but I know she wants certain songs to go along with the videos she imagines. </p> <p>Although I am getting paid by her to do these videos, they are only going on her YouTube and YouTube usually recognizes the song and (to make things fair) puts an add for the particular song below the video. She knows this and is still fine with using copyrighted music. </p> <p>With that said, is the fact that YouTube allows viewers to buy the song enough to say that I'm good with copyright infringement? I am making profit but the writer/artist might be making profit too. </p> <p>Please help!</p> http://www.videomaker.com/community/forums/topic/copyright-question-2#post-70343 Sat, 20 Aug 2011 17:19:20 +0000 EarlC 70343@http://www.videomaker.com/community/forums/ <p>Tony, it's not legal either, though some might find a way to justify doing so. Simply put, just read the usual warnings on most commercial distribution, where it says "with or without compensation" and uses terms "unauthorized distribution" or public display or exhibition.</p> <p>As I mentioned, there have been instances where folks have produced these performance DVDs and labeled them "not for resale, for educational purposes only" but I haven't heard or read or found anywhere where that has been tested via the courts to establish its validity or position as pertains to copyright violation.</p> <p>So, also, it isn't the SPECIFIC that a videographer would MAKE MONEY FROM IT, but that simply using and distributing copyright material without permission is not in keeping with the letter and intent of the law.</p> <p>Also, I'm not standing on a soapbox here, or behind a pulpit, preaching against the sins of copyright violation and thumping my puritan chest. My comments are without prejudice or indictment or moral judgement. I mostly seek to get each individual to understand and face the fact that what any of us does if we produce, use, share or sell something that contains somebody else's creative property is illegal.</p> <p>There's a bit of info in related booklets, etc. that carries the statement "ignorance of the law is not a defense," primarily pertaining to state driving laws. So, if I'm in a 35 mph zone with no speed bumps or signs for say, a couple of miles, not that THAT would happen ;-) and get pulled over and ticketed for going 50 mph, I can't tell the judge that there were no signs posted, or I didn't see them, or I wasn't aware that I was in a residential area or 35 mph speed restricted zone and expect to get by with it.</p> <p>Same goes for copyright violations. If a person WANTS to do so, NEEDS to do so, PREFERS to do so, just admit that what's being done is not legal, but don't do it thinking that in some way breaking the law is justified or OK based on personal preference and interpretation over the letter and intent of the law. That's all.</p> http://www.videomaker.com/community/forums/topic/copyright-question-2#post-70340 Sat, 20 Aug 2011 16:06:32 +0000 Tony Segreto 70340@http://www.videomaker.com/community/forums/ <p>Above posters are correct.  I used to do it myself until I started picking up some new schools as clients, whom told me their last videographers stopped videoing because of copyright infringement issues they were having.  Honestly that was enough to make me stop doing it.  I don't want to have any legal troubles as far as copyright issues go.  Its unfortunate that the cast and crew can't buy copies of the DVD for their own reels and personal use.</p> <p>I think that the best thing for the theaters and schools to do would be to hire a videographer to video the event and make DVDs for a flat rate, then give out the DVDs to the cast members.  Though I'm not sure what the legality of that either.</p> <p>GL</p> http://www.videomaker.com/community/forums/topic/copyright-question-2#post-70316 Fri, 19 Aug 2011 16:10:02 +0000 jackwolcott 70316@http://www.videomaker.com/community/forums/ <p>While I agree completely with EarlC's excellent analysis of the situation, let me add a couple of additional observations. Getting permission to shoot should NEVER be the videographer's responsibility! As Earl indicates, it is the person putting on the play, musical, pageant or whatever who has a contract with the copyright holder, not the videographer. Any use of the copyright protected material is, contractually and legally, between the copyright holder and the producer of the play or musical and this includes video taping, putting material on the web, doing bits from the production on community TV to promote it, etc.</p> <p>Our contract not only requires the producer to declare that he/she has permission to have the material video taped, but has three additional sections which must be initialed, indicating that everyone connected with the production -- e.g., cast, crew, musicians as well as the copyright holder -- has given their permission to having the event be taped.</p> <p>This last is especially important: you don't want to be in the position of taping <em>Aladdin Jr</em>, with permission in hand to tape, only to discover that there are union musicians in the orchestra who expect to be paid if recorded, or that there are kids in the play whose parents are horrified that little Johnny's privacy has been violated by your DVD being distributed all over the school.</p> <p>Finally, this is not legal advice, just sharing advice we paid for several years ago: our attorney made it very clear regarding all of this that you "can't hide your head in the sand." That is, if you <em>know</em> the piece is being done without the copyright holder's permission you would be wise to stay away from shooting it. But if the producer asserts, both verbally and in writing on your contract, that permission has been obtained, you've done your due diligence and (probably) will be held harmless should there ever be a law suite.</p> <p>If you're planning on shooting performance for pay, I suggest you draw up a contract and show it to an attorney. It's the best buy for the money you'll ever spend. Then have a chat with your conscience and see whether you think violating someone's copyright is a good idea. Think of it in terms of how you'd feel if you discovered someone was profiting by selling DVDs of your award winning video that he'd downloaded from Vimo or You Tube.</p> <p>Jack</p> <p> </p> http://www.videomaker.com/community/forums/topic/copyright-question-2#post-70295 Thu, 18 Aug 2011 18:54:15 +0000 EarlC 70295@http://www.videomaker.com/community/forums/ <p>If you want to be all legal and above-board the answer is yes. Rarely, but occasionally, the school will have acquired MORE than just performance rights, if that, to the production and music, but that doesn't usually offer copyright violation protection to you, the videographer. There's a bunch of information here on the boards regarding copyright issues when covering live performances and selling DVDs of them. You might want to do some lookup.</p> <p>People often hope for, look for or try to justify GREY areas of the copyright laws, but they really do not exist. With the exception of certain "fair use" standards, copyright is copyrighted and presumably protected against someone else using and claiming ownership to OR making money off of another person(s) copyright materials.</p> <p>The occasional school will go so far as to obtain rights to perform as well as rights to videotape and sell copies of the performance, but it will be a rare "occasional" I assure you. Other schools will use this as the reason for NOT hiring you, or any videographer, to videotape and produce DVDs of their performances, but will however often have a kid or parent volunteer or even the spouse of the teacher or director videotape and distribute videos marking them "for educational purposes only" but that is a real stretch and not likely to hold up under copyright violation scrutiny.</p> <p>Do people produce, sell and do this as a matter of business, for pay or not, OF COURSE. Is it legal? No, not really. Videotaping and selling or distributing copyrighted plays, music or other performances for pay or for free could get you into some legal hot water. With all performance groups AND video producers to do so or not is a personal decision based on your personal values and perception of the penalties you might incur.</p> <p>I'm NOT an attorney and am not presuming to be one here. Nor is what I said intended to be taken as legally correct information. Any use thereof is at your own risk and I accept NO liability for same.</p> http://www.videomaker.com/community/forums/topic/copyright-question-2#post-70293 Thu, 18 Aug 2011 18:27:01 +0000 dwhisel 70293@http://www.videomaker.com/community/forums/ <p>Copyright question! I want to be able to videotape performances at my local elementary schools and charge a nominal fee per DVD. Do I need to secure permission from the author(s)/company that have written the material?</p> http://www.videomaker.com/community/forums/topic/placing-others-youtube-videos-in-your-videos#post-69816 Sun, 31 Jul 2011 13:32:08 +0000 Dragbike Live.com 69816@http://www.videomaker.com/community/forums/ <p>creative commons use must be chosen by the owner of the youtube video this is new in the last few months... as a youtube partner we were notified of this but have never allowed on our channel ...we have had to enforce our rights a few times this year for people stealing our work.</p> <p>many youtube users will allow it if you ask and give them credit..however the more serious users will not. We copyright and claim copyright to all out video work put on youtube.</p> <p>just send them a message and ask polite and see what happens.. but i would not use anything you do not have permission to..</p> http://www.videomaker.com/community/forums/topic/placing-others-youtube-videos-in-your-videos#post-69815 Sun, 31 Jul 2011 12:50:26 +0000 Charles Schultz 69815@http://www.videomaker.com/community/forums/ <p>YouTube does allow users to allow other users to use their video. It is called "Creative Commons Attribution license (reuse allowed)" Here is a link with more information. http://www.youtube.com/t/creative_commons</p> http://www.videomaker.com/community/forums/topic/placing-others-youtube-videos-in-your-videos#post-69814 Sun, 31 Jul 2011 12:22:14 +0000 grinner 69814@http://www.videomaker.com/community/forums/ <p> piracy just doesn't flatter any video, man.</p> http://www.videomaker.com/community/forums/topic/placing-others-youtube-videos-in-your-videos#post-69730 Wed, 27 Jul 2011 14:02:44 +0000 birdcat 69730@http://www.videomaker.com/community/forums/ <p>To do so legally would first require you to license the video if it is copyrighted, or at very least get the permission of the person who created it.  For more information about this, do a search on the Digital Millennium Copyright Act (DMCA).</p> <p>As for the technology, it is simple but deal with my first point first.</p> http://www.videomaker.com/community/forums/topic/placing-others-youtube-videos-in-your-videos#post-69728 Wed, 27 Jul 2011 13:12:33 +0000 Adam 69728@http://www.videomaker.com/community/forums/ <p>I'm new to this site so sorry if this is not what you talk about or if I put it into the wrong section but I have seen a lot of tv and youtube videos where people insert others videos into theirs. I'd like to know how to do this legally.</p> http://www.videomaker.com/community/forums/topic/music-liscense#post-50727 Thu, 10 Sep 2009 06:47:25 +0000 Cville 50727@http://www.videomaker.com/community/forums/ <p>I also have CineScore and a library royalty free thanks to being introduced to Digital Juice. I also will not provide unlicensed music for a client.</p> <p>I think the music publishers and record labels are missing a huge opportunity they could easily get $10 per song for wedding productions or similar small projects as opposed to a 99 cent download for personal use with a lot less risk of piracy from the video producer. Just my 2 cents worth. </p> http://www.videomaker.com/community/forums/topic/music-liscense#post-50725 Thu, 10 Sep 2009 04:31:35 +0000 birdcat 50725@http://www.videomaker.com/community/forums/ <p>I have a huge library of Royalty Free music plus CineScore and Sonic Fire Pro with dozens of libraries - so if I can't find a really good piece of music to fit a particular scene, it hasn't been recorded yet.</p> <p>I know many video producers (weddings in particular) use non-licensed music (I do too for my own private videos like kids, vacations and such) but it really isn't worth the risk (and the costs incurred) of getting nailed by the DMCA.</p> <p>Just MHO. </p> http://www.videomaker.com/community/forums/topic/music-liscense#post-50718 Wed, 09 Sep 2009 17:17:54 +0000 grinner 50718@http://www.videomaker.com/community/forums/ <p>Piracy is why legit companies have to pay so much for music. Theft is always uncool. </p> http://www.videomaker.com/community/forums/topic/music-liscense#post-50702 Wed, 09 Sep 2009 05:57:23 +0000 Cville 50702@http://www.videomaker.com/community/forums/ <p>I have seen various videos posted, some in these forums such as wedding videos that appear to be using popular comercial music. I know that it is very hard for the small video producer to get music rights for projects like weddings and small events. So I was just curious what everyone is doing.</p> <p>I have seen a website called zoomlicense.com that is attempting to provide licensing to popular music for small productions but their selections are limited at this time but it seems to be what is needed for the small producer.</p> <p>I am intrested in everyones thoughts on this issue. </p> http://www.videomaker.com/community/forums/topic/who-owns-the-video-once-its-shot#post-50269 Fri, 21 Aug 2009 05:32:54 +0000 birdcat 50269@http://www.videomaker.com/community/forums/ <p>I have seen (and written) contracts that state while the final product may belong to the client (not always as sometimes copyright remains with me and they have use - unlimited or restricted), all source materials remain the property of either myself or their owners (in the case of royalty free asset use).</p> <p>But then again, everything and anything is up to legal interpretation at any given moment in time.... </p> http://www.videomaker.com/community/forums/topic/who-owns-the-video-once-its-shot#post-50242 Thu, 20 Aug 2009 09:51:59 +0000 Jennifer O'Rourke 50242@http://www.videomaker.com/community/forums/ <p>Earl is right, Mike, and the recent controversy over a famous poster of then-senator Obama is proof that the lines are too gray to draw. </p> <p>Photographer Mannie Garcia filed suit against the Associated Press for allowing his photo of Obama to be used for the poster without giving Garcia proper compensation. AP says Garcia was hired to shoot the image, so it belongs to AP, Garcia claims that all images are his, and AP just bought the use. <a href="http://nppa.org/news_and_events/news/2009/07/garcia.html" rel="nofollow">http://nppa.org/news_and_events/news/2009/07/garcia.html</a></p> <p>However, I know a few wedding videographers that have it stated specifically in their contracts that THEY own the footage, and they have the right to do with it as they will. They have used some of the images for stock footage contracts, for instance. </p> <p>It's all in how you make the agreements up front, and it's a good idea to get it all in writing before you deliver the work.</p> <p>check out Videomaker's "What's Legal" column for some advice on this and other legal issue concerning video production. <a href="http://www.videomaker.com/learn/business/legal/" rel="nofollow">http://www.videomaker.com/learn/business/legal/</a></p> http://www.videomaker.com/community/forums/topic/who-owns-the-video-once-its-shot#post-50217 Wed, 19 Aug 2009 15:44:19 +0000 EarlC 50217@http://www.videomaker.com/community/forums/ <p>If you do a "work for hire" which much/most production work actually is, then THEY own it. If you create/generate a special interest, how to, animation or other such production using your time, money and energy, then YOU own it.</p> <p>The above are the simple rules. The realities of video work is, or can be, much more complex and primarily relies on what is stipulated in the contract. The agreement should really spell out who gets, claims, owns and can sell what, when, where and for how long, or what percentage thereof. </p> http://www.videomaker.com/community/forums/topic/who-owns-the-video-once-its-shot#post-50209 Wed, 19 Aug 2009 10:29:36 +0000 MiKe D 50209@http://www.videomaker.com/community/forums/ <p>I'm just starting out in the video production business and want to make business profile videos in my small hometown, located one hour north of Toronto, ON. If I charge a company $350 to shoot, edit and post the video on YouTube or their own site, what is the normal procedure for ownership or buyout of the video? I'm sure the answer is on this site, but I haven't had much luck finding the answer. Looking forward to your commnents. Thanks! MiKe</p> http://www.videomaker.com/community/forums/topic/sergeant-peppers-lonely-hearts-club-band#post-49664 Thu, 30 Jul 2009 19:46:17 +0000 NormanWillis 49664@http://www.videomaker.com/community/forums/ <p>Mercy, Zoob.  If even the grandmothers can't figure it out, then what am I going to do?  (lol)</p> http://www.videomaker.com/community/forums/topic/sergeant-peppers-lonely-hearts-club-band#post-49661 Thu, 30 Jul 2009 19:05:56 +0000 zoobie 49661@http://www.videomaker.com/community/forums/ <p> you've just hit upon a fuzzy grey area with lots of "experts", attorneys, and grandmothers claiming all kinds of inside knowledge</p> <p>probably best to read up on "fair use" and the like...then come back and inform us on the state-of-the-mess</p> http://www.videomaker.com/community/forums/topic/sergeant-peppers-lonely-hearts-club-band#post-49640 Thu, 30 Jul 2009 11:16:30 +0000 NormanWillis 49640@http://www.videomaker.com/community/forums/ <p>One documentary I was watching took some shots of the Sergeant Pepper's Lonely Heart's Club Band album.  Then they did some close-ups of the woman in scarlet and purple at the bottom center of the album cover.  Since it was a critical piece, I am not sure that they had their permission.</p> <p>What are the rules about doing documentaries with album covers, artwork, and things of that sort?  I do not want to cross any lines, but it would be nice to know what artistic freedoms there are.</p> <p>Thanks.</p> http://www.videomaker.com/community/forums/topic/video-contest-requirements-eg-copyright-protection#post-47939 Tue, 16 Jun 2009 08:49:34 +0000 jimcvideo 47939@http://www.videomaker.com/community/forums/ <p>I would also suggest that he adds a clause to his submission form stating that the contestant will take all responsibility if copyrighted material is relaesed and triggers legal actions. Otherwise, if your judges slip and miss something, there's a possibility that the competition host would be the one sued for playing a clip with copyrighted material.</p>