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   Author  Topic: Re-Recording Music  (Read 3643 times)
Bill
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Re-Recording Music
« on: Dec 29th, 2004, 5:13am »
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I made videos using peoples wedding pictures that are accompanied by songs that were played during their wedding.  The songs are copies by the original artists. The songs are not altered in any way from the artists original recording.  I assume this is not legal.  If not, how can I go about this legally
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JSonnabend
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Re: Re-Recording Music
« Reply #1 on: Dec 29th, 2004, 7:18am »
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Bill -  
 
That's an interesting question you asked.  One quick answer is that it is likely fair use to use the original recordings as you've described, provided your clients own the recordings (i.e., they own legitimate copies of the source cd).  Beyond that, you can always seek a license for your use, which may not be an undue burden.  I'd start by contacting ASCAP and/or BMI, as they may be able to point you in the right direction.
 
One more wrench in the works.  Your use of the photos may be in violation of copyright laws as well.  Your use may fall within fair use, but it's an issue you should  be aware of.
 
- Jeff
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SonnabendLaw
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Isaac
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Re: Re-Recording Music
« Reply #2 on: Dec 29th, 2004, 6:05pm »
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While I cannot rule out the described use being fair, I'm
fairly pessimistic about it.  Fair use might cover making a
backup of the music.  And maybe it would allow paying someone
to make your backups or media shifted copies for you.  But
IMO using the music as a sound track crosses the line.
 
It's my understanding that people who make wedding videos
professionally either get the appropriate licenses or else
they use royalty free music sources when as background music.
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Isaac
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Re: Re-Recording Music
« Reply #3 on: Dec 30th, 2004, 6:15am »
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There would seem to be two potential copyright violtations from my limited understanding...
 
The first is synchronization rights from affixing the music to the photos. The second would be the inevitable duplication of the final product for the couple's family and friends.
 
BTW: I've never understood how wedding videographers have gotten away with using copyrighted music in their videos.  The claim that, "well it was played at their wedding" would not seem to hold water since, at that point, it was the disc jockey or the venue itself that was operating under their license to ASCAP/BMI.  
 
I personally know of no wedding videographers who have such a license to use the music they copy.
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Isaac
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Re: Re-Recording Music
« Reply #4 on: Dec 30th, 2004, 5:58pm »
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With wedding videos there can be two issues.  There is the
question of music performed as part of the wedding and music provided
as background by the video maker.   For the former, I think
its far more likely that a fair use argument might work, but
there does not appear to be very much case law and what I've
seen appears to be mixed.
 
But for the background music provided by the makers of videos,
lots of professionals do use royalty free music which is
basically music with a pre-paid license.   I don't personally
know of anyone who tries to get licenses for popular music.
Those licenses are probably not easy to get at reasonable
prices.
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Isaac
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