Videomaker – Learn video production and editing, camera reviews › Forums › General › Video and Film Discussion › MUSIC:: MAKE YOUR OWN OR USE CD’S
September 12, 2006 at 12:07 PM #39283
I was wondering how you guys feel about music in your own project. Do you use copyrighted artists and popular music? Or are you obligated to make your own original music?
Or what about laying in a track of the popular artist’s song if it was already used by the DJ at the event? Is that ok?
Are there laws that state that it is illegal to add a song from the radio to your videography?
**** note, this post and all others that follow are NOT intended to be legal advice. they are simply ideas for consideration and do NOT imply that they are known laws, etc.
September 12, 2006 at 12:51 PM #170125FitzufilmsParticipant
Great question! But be warned, you are opening a can of worms.
September 12, 2006 at 3:03 PM #170126birdcatParticipant
I’m not a lawyer and do not play one on TV – However there is a slough of licensing requirements that prohibits you from using copyrighted music without the appropriate license. There is sync, reproduction, distribution, performance, and many other licenses that would need to be paid. Someone (another board, another post) once figured it would cost around $50,000 to secure the proper licensing to use a popular piece of music in one of your works.
In reality, many folks fly in the face of these laws – And in fact, most (really) will get away with it without penalty. There are those who do get caught and they do get hefty fines (some wind up in bankruptcy and out of business) – I suggest you read the Digital Millenium Copyright Act.
There are many good ways around all this –
1) Go to Australia – They have laws that for $600 per year, you can legally purchase a CD and use the music in a derivative work (like a video production).
2) Write your own music and have it recorded – Not cheap and requires some talent (I’ve done this from $250-$500 per song) – You could have music composed and recorded for you but that costs even more.
3) Use something like Acid to come up with your own compositions – It’s really not that hard (well, if you don’t want amazing music) to make something passable. Sony even has a free limited functionality version on their website. I’ve also done this and it is not too hard to come up with something usable.
4) Purchase buyout music – This means that for a fee paid up front, you have the rights to use that music in a derivative work. There are different types of this music so beware – just because you can use it in a wedding video doesn’t mean it’s cleared for network broadcast use. Read the license that comes with the stuff. I’ve also done lots of this.
5) Purchase a program like Sony’s Cinescore or Smartsound’s Sonic Fire Pro – I have both of these packages and for a reasonable fee (less than $200 for each of their current versions) they allow you to score a pretty good soundtrack based on basic pre-defined "themes" and hints to modify them – Basically with the current Cinescore package you can get tens of thousands of variations from the twenty included themes all in various lengths.
Hope this helps.
Just remember – This is the opinion of a pure amateur (not for long I hope – this is getting too expensive for just a hobby!).
September 12, 2006 at 3:52 PM #170127EndeavorParticipant
September 12, 2006 at 4:43 PM #170128birdcatParticipant
Hi Hank –
They both have their strengths – I did not upgrade to the new version of SonicFire Pro but am using version 3. I was put off by them for asking full price for the upgrade to version 4 and only offering a $50 credit considering I paid over $300 just about one year prior for the old version. That said it is really simple to use and suits my needs (they have some really nice music).
I just purchased the Cinescore package today (Sony had a phenomenal upgrade deal for Vegas 6->7 that allowed me to purchase Cinsecore with twenty themes plus the two new theme packs for a total of forty themes for $150). I have been using the free trial from Sony (fully funtional thirty day trial avaiable on the sonymediasoftware.com website) for a month and really find it amazing in it’s power. The new version of Vegas is supposed to be more closely integrated with this.
I would suggest to anyone (especially those who really use decent background music) to try the trial – But before you do, watch the video tutorials on the website – You really cannot fathom the power and versatility of this product just ituitively – The initial package of twenty themes can actually generate thousands of variations, each in an unliited number of lengths.
Bottom line – I will continue to use both packages – depending on the music I am looking for (I did say I really like some of the Smartsound themes). When they come out with version 5 of SFP I may upgrade then.
September 13, 2006 at 10:24 AM #170129
ok, after reading the other threads, (sorry about overlooking the search option) I have come to this thinking:
Since the industry and artists alike have not come up with a better option to promote commerce, I will just use the copyrighted versions. I figure if I edit them into my own work, the client owns the cd, I own the cd, they play it at the wedding (how do DJ’s get to do THAT then???), then I’m going to use them too. Hell, a lot of these artists will record a song and slap it on their album for the purpose of selling more CD’s because they included "the next great wedding song" or the "perfect graduation song." It seems cliche when you find a track like that on an album that an artist does where that song sticks out like a sore thumb. Especially when they have been married forever or something. They make enough money as it is working about 6 months out of the year and then collecting money doing nothing the rest of it. (not that artists aren’t performing, touring, etc.) but c’mon, I know people that work MUCH MUCH harder and longer and won’t make what they do in their life times!! Besides, isn’t it more exposure to more people who may otherwise not appreciate their music or listen to that genre until they hear it over a wonderful wedding video?!? I figure that this would probably work fine: you put it in the wedding, you know it’s on there, the client knows it’s on there. That’s it. Just don’t go filming a wedding for someone that is involved with the RIAA. If they (the RIAA) client asks for you to do it, wouldn’t that be some weird form of entrapment? Between me and a small town client that wants a top 40 song in their wedding, what are we really hurting here? And who is going to know? – – – well, I DID just post that on the web – – – – – – but seriously, this seems to be a huge problem (us not being able to use highly sought after music) which has no real harm. I understood the whole Napster thing, but SERIOUSLY, I’d like to see the artist that comes after normal Joe’s like us for tryin to make a living. Their sales would probably be affected in a negative way for persuing a small town wedding video guy. As for super huge, world wide companies, well that MAY be another story. They have the funds. So I agree, until something better is worked out in the music industry, it’s open season. I do this as side work and do not own a company, so WHAT ARE YOU GONNA GET IF YOU SUE ME??? NOTHING!!!
**** oh and a really special note: I WAS contacted by the lawyers of a very very top selling artist for having a 20 second clip of one of his songs on the opening of my old website, but again, what would they get from a broke @ ss kid in litigation??? It was just to scare me to make us take it off. Which we did. Haven’t heard anything since. That artist’s company should really be ashamed. There are BIGGER FISH to TRY to fry!
To sum it up, I will just use the music in the video and NOT on a website. For highlight purposes, use the programs everyone else is suggesting when you place your work/portfolio on your website. That is just my opinion-not legal advice. If they want to spend the time and money to come after me to get nothing, then well, at least I got THAT out of it.
September 13, 2006 at 11:59 AM #170130EndeavorParticipant
Wiski – I’m kind of surprised that you were contacted by the lawyer of an artist about a :20 clip. That sounds like fair use to me. Also, normally the record company is the one that owns the music, so they would be the ones that would go after you.
September 13, 2006 at 4:43 PM #170131
it was actually Limp Bizkit’s Label that did. They sent some harsh words and legal words. It wasn’t worth it. We were going to just test them and be clowns and a pain in the butt, but we took the site down anyways. They might have gotten my half empty piggy bank. Nothing more than about 8 bucks, some change, and a candy wrapper! It was really stupid. They opted to chase another big legal thing that was going down near the time anyways, so they just left us alone. It’s cool, all is well.
September 13, 2006 at 4:53 PM #170132
COMP – that is a super idea. At least the artist gets a cut, the client is happy, and we are trying to do the right thing! I like that idea. I really do. I think I will go that route from now on. Geez, you should let everyong know that with a thread (as a suggestion, obviously) to at least give everyone a decent shot to do what is closest to right as possible. I don’t think that’s too much to ask from us (price wise). A great idea indeed! CHEERS!
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