Copyright law references

[MikeD Profile Private message]

I have been contemplating starting a business creating slide shows but the music copyright issue has always been a big question mark. Before I joined this group I did some research and bought two books which I highly recommend.

The first is: “Music Law in the Digital Age”, by Allen Bargfrede and Cecily Mark, Berklee Press, 2009

It is aimed more at musicians than users of music, but it does explain an incredibly convoluted system. It also explains that new technologies, and the internet in particular, have seriously disrupted that system and it may be some time before the dust settles into a workable new framework. On the other hand there are some promising trends like Creative Commons licensing and blanket licensing.

The other book is: “Getting Permission: How to License & Clear Copyrighted Materials Online & Off”, by Richard Sim, Nolo, 2007

This one covers art, text and photographs as well as music. It has sample legal agreements for various types of licenses. One, not so encouraging, tidbit is that it mentions that synchronizations license typically cost between $500 to $25,000 – not really feasible for your average small client.

The same publisher also has a book called “The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More” which I will likely order. They are all available from Amazon.

All these books cover US law specifically. I happen to live in Canada so I imagine there are probably some subtle differences here, but for the most part I expect these to be pretty much the rules I will have to work with.

By the way, if anyone knows how the Canadian system differs, I would love to hear.

[Astra Profile Private message]

Mike,

check the SmartSound company.

Link: http://www.smartsound.com/

... No MORE problems with Music Royalty issues ...
... and do "Search" on this Forum - keyword: "SmartSound" ... there were numerous posts about this ...


Alexandra

[chantal012]

Hi there fellow Canadian!!

I was on the hunt for the same information as you are. I called a large law firm company in Ottawa.
My initial conversation with them was the following: they told me that, they would need to do an additional research...but to their knowledge the Canadian law is different from the US law.

If the client supplies the music...you are NOT selling the music to them. You are simply using the music THEY purchased for THEIR end product...and you won`t be reselling that copy and making a gazillion copies for resale!! I still wouldn`t display those shows on your website either... as it`s reserved for your clients use only...since they purchased the song(s).

As I said, I haven`t paid them yet for additional information...but that`s the information I got verbally from them.

Glad to see you here!

[DickK Profile Private messageWebsite]

...as it`s reserved for your clients use only...since they purchased the song(s)...

Be careful exactly what questions you ask and how you ask them.

Unless Canadian law is both different from US law and Canada has taken exception to certain provisions of international treaty, it is not enough that they purchased the song. The simple act of commercial purchase does not include a license which grants the right of derivative work. If this is important, then this is what you need to get a legal opinion on--ask about the right of derivative works in this specific circumstance in Canada.

Here's the underlying issue: when someone makes a slide show they create a new work (but a derivative work concerning the included commercial music track) and they, as creator of that new work, now have copy rights for the new work provided they had full rights to all the content. But without the needed rights for the incorporated music, their copy rights are compromised and they infringe the rights of the rights holder for the music. (It's not unique to the music though, exactly the same issue comes up if you use someone's picture without permission.) Such infringement may not be noticed or the holder may choose to not enforce their rights but they can.

Dick

Caveat: This information is the opinion of it's author and does not constitute legal advice of any kind. Risk associated with the use or misuse of this information is entirely the responsibility of the reader. If these issues are important to you, consult an intellectual property rights attorney.

[MikeD Profile Private message]

Thanks Chantal. That is an interesting perspective, and it would be wonderful if that was all there is to it. But I suspect that it is not quite that simple. Eventually I will have to bite the bullet and pay for a professional opinion from a lawyer with specific expertise in that area. And when that happens I’ll post what I’ve learned.

I enjoy doing slide shows as a hobby, but I’ve always thought the music licensing was a major stumbling block in turning it into a business. I would expect most clients would want to use music they know (and probably own copies of). But if you tell them you charge $500 for the show plus $5000 in incidental license and legal fees, that may not go over so well. And on the flip side, if you ignore the licenses issue and the client then posts it publicly, I would expect that your business is at risk just because it is part of the chain of copyright violation.

On the plus side I have been very pleased at the wide selection and high quality of what is available royalty free. SmartSound in particular looks quite amazing.

[Astra Profile Private message]

To MikeD & Chantal012:

Royalty-Free Music - (all the times) - NO LAWYER NECESSARY - !!!
... (Video People are using it for years .... company: SmartSound, Software: SonicFire Pro )


- a - look at the company - licencing info: http://www.smartsound.com/products/licenseinfo.html
- b - get the software - $99,
- c - get the Music CD's - ($99 - sometimes on sale for $25)
- d - work on your Producer project ....

... nothing else is needed ...

Alexandra

[DickK Profile Private messageWebsite]

Technically speaking, Royalty-free is no assurance that the necessary rights have been granted to you. That says they don't expect payment for the usage that they grant in the license. Some licenses for royalty-free material are very liberal (look for the variations on the creative commons license for example) and you can use the material pretty much any way you want. More commonly, the license grants non-commercial usage rights, so if you're putting it in a show that you charge a client for, that may not be covered. Also common is a provision that credit be given to the author/musician/photographer and doing so can be a 'good faith' attempt to do the right thing.

Bottom line is simply that you should know what the terms of use are for anything in the show that you didn't create yourself. What you do with that information is a matter of your risk tolerance and conscience.

In practical terms, if it's for personal use that's one thing and the risk is probably low, if it's commercial use that's something else and if you post it on the 'net that's still another and that's going to get you greater exposure and risk.

Dick

[chantal012]

I am not a big fan of royalty free music... nor are my clients.

I am launching my business as we speak. I am still on the hunt for additional information...
I will keep you posted.

[royandjean Profile Private message]

Hi Chantal,

While we may live in different countries I think the Copyright Law would be very similar. Perhaps the extract taken from GB Copyright law might be of some help

it is an offence
- to make a recording of Copyright music, even if that recording is not played back
- to record, or copy, any recording without the consent of the maker and or performer(s)
- to play or reproduce Copyright music in public* without the appropriate permissions
* Any group of persons outside the family circle, including friends, can be held to be “Public”.

I think the very first line of the statement above is the most frightening bit I think it is very clear that to show your work on the net especially for gain is asking for big trouble.
This is why most of the members are contantly seeking out Royalty Free music.
I hope I have helped clarify this one.

Roy

[DickK Profile Private messageWebsite]

The laws, statue, is generally quite similar. In fact, it has to be for Bern Convention signatories. However, case law is just as important and that will be very specific to a country and can even change dramatically over time. And the pace of change in the last 2-3 decades is one of the things that makes everything associated with law in general and especially intellectual property law such a nightmare.

None-the-less, you're right in that the basics are pretty consistent. But that doesn't mean that copyright and trademark infringements aren't rampant on the net because they are. Clearly the rights holders have to pick and choose which infringements to go after.

Dick