I know this is sort of a question for the Legal Ground, but I thought I'd get a better response here.
I want to post some video clips from my classes on my website. In the future, I may also create some DVDs and will want to post preview clips of those as well.
I notice that some people use popular (and recognizable) music in their online clips, as well as in their videos and DVDs (during the credits, for example). My impression was that this requires the artist's permission. However, I do not see people citing any of the musical sources, so I wonder if that step was completely skipped in the production of those videos, dvds, and clips. I also notice that other instructors/companies seem to work hard to create their own riffs, clips, and theme music.
So what is the final word? Can you use someone else's published music for your (1) online clips, (2) DVD/video credits, or (3) segments within a DVD/video?
~TT
no love? c'mon now! ttt
Yup, u need a sync license and another license, I forgot what its called. They're ridiculously expensive.
Legalground. Obviously none of us know specifics.
Basically if it were me, I would just put the clips up with the music, because the chance that someone who would actually care about the copyright infringement will see your site is very small. In the very unlikely case that they do see it, they would probably just ask you to take it down. If that happens you can just change the music to something else.
Of course, there is a big difference between putting up free video clips on a website, and putting unlicensed music into an instructional DVD/VHS that you sell. I would not risk doing that.
Andrew,
That's what I was thinking. I hate to do something with the rationale of "I don't *think* I'll get in trouble"....
I'm curious if any of the companies that currently use other people's music have ever had a problem with it (been called on it by the artist).
~TT
(I am not a lawyer).
It is my layman's understanding that it is illegal -- an infringement on copyright -- for you to include any non-licensed music in any public material.
Whether a copyright/licensor will notice is debatable, as is whether they will issue a cease and desist or seek damages, as is whether they will recover any damages they might seek.
We USED to do it a lot, still do it on the downloadable videos, stopped
doing it on the Videos as we got larger. (We actually did get
permission from a few artists however). We haven't had any hassle as
of yet however, but as we're expanding and handling things as a
business we're a lot more careful now.
Early on, we got some advice from some other extreme sport videos
guys when we started, which may not have been the best advice, in
that when shipping under a certain volume the companies didn't go
after them. When they got large to the point where they did, a cease
and desist letter came first, and acually liscensing turned out to be
relatively inexpensive at that point (Think of motocross and
skateboarding videos). AGAIN, I don't recommend going that route
however.
Basically, no one is going to worry about the internet clips to my
knowledge.
All of you are correct.....I've (My Band)produced,written and licensed songs to a number of TV shows and indie films over the last few years.You do with a doubt need permission.will you get sued? I doubt it.I don't suggest using unlicensed material for commercial DVD's and tapes that could be risky.But how many music artists do BJJ besides Maynard and Ricky Rocket.To use any major artists work
you need to conact their publishing company about the specified piece of material.If there is no up front money they will probably say no.use unsigned artists.there are plenty and willing to let their music be used for promotion
Stompin1