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   Author  Topic: Re-Recording Music  (Read 3642 times)
JSonnabend
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Re: Re-Recording Music
« Reply #10 on: Feb 4th, 2005, 8:34am »
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on Feb 3rd, 2005, 8:35am, Matthew Hansen wrote:
At some point between the beginning of my description at the end, the artist feels cheated - please could someone clearly indicate where exactly in this chain of events the line was crossed - if indeed it was crossed at all.

I'm not sure there's an easy answer to that question.  Certainly, if a client came to me with those facts, I'd have to do some fairly detailed research to give a good answer.  Perhaps another attorney here has squarely addressed a similar fact pattern.
 
Fair use questions rarely have cut-and-dry answers.
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SonnabendLaw
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Isaac
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Re: Re-Recording Music
« Reply #11 on: Feb 4th, 2005, 4:23pm »
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on Feb 3rd, 2005, 8:35am, Matthew Hansen wrote:
If a DJ legally plays a Pink Floyd song with a blanket license.  The videographer video tapes the dance and the Pink Floyd track ends up on the audio track of the tape.  At the same time that the Floyd track is being played, the bride makes a comment for the camera.
 
Now - the videographer needs to include the audio with the bride's comment and so he must also include the background Floyd track.
 
There is no reasonable argument that a wedding couple, for example, should be satisfied with a wedding video that shows them dancing to licensed stock music they've never  heard before.  The video is a documentary of an event, the music is part of the event.
 
The background Floyd track is slightly distorted because it is recorded with a microphone from speakers across a crowded room - and doesn't do the artist or his song any justice.  So the videographer purchases the Pink Floyd song and overlays it to improve the quality of the backing track.
 
At some point between the beginning of my description at the end, the artist feels cheated - please could someone clearly indicate where exactly in this chain of events the line was crossed - if indeed it was crossed at all.
 

 
That's a fantastic hypothetical.  The only thing really wrong
with it is that I don't think it's even possible to dance
to Pink Floyd music.  I've never seen anyone attempt to cut a rug to
that stuff.
 
I don't think there is much on point case law.  In situations
where the copies of the video stay in the family, it seems
likely that no one ends up suing anyone.  About the only one
I could see anybody going after is the professional who did
the "recreation" of the event by dubbing in the music.
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Isaac
Jonathan Stone
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Re: Re-Recording Music
« Reply #12 on: Jun 7th, 2006, 11:33am »
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Scenario:  Wedding videographer films a wedding that the bride walks down the isle to a copyrighted song.  The videographer desires to make multiple copies of said video with song.
 
Possible Solution:  If the videographer buys a license (even from walmart.com) for each copy of the song, isn't the intent of the law upheld (the artist gets paid for each copy) even though the letter of the law may not.
 
Just a suggestion.
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