Music for my home video...

DVD-Software.info
Your one stop source for DVD Software

FAQ

Memberlist

Profile

Music for my home video... Goto page Previous 1, 2, 3, 4, 5

DVD-Software.info Forum Index -> Video Production

Author

Message

davesvideo@aol.com
Guest

Posted: Tue Nov 08, 2005 1:26 am Post subject: Re: Music for my home video...

AnthonyR wrote:

Quote:

"Gary P" <nospam@thankyou.com> wrote in message news:436d66c3$1@127.0.0.1...

And what about the millions of D.J.'s charging commercially every day for
their services?
They don't pay royalties to all those artists.

And many have paid for the proper licenses. Do you know for sure that
'millions" do not?
I suspect that anyone doing it as a business, would get nailed pretty
fast if they didn't.

Dave

AnthonyR
Guest

Posted: Tue Nov 08, 2005 5:41 am Post subject: Re: Music for my home video...

"PTRAVEL" <ptravel88-usenet@yahoo.com> wrote in message
news:3tadgqFrnflvU1@individual.net...

Quote:

"AnthonyR" <nomail@nospam.com> wrote in message
news:R6Sbf.4128$ek6.3571@news-wrt-01.rdc-nyc.rr.com...

And as I asked before, if we videotape a party or wedding that a DJ is
playing at, the bride and groom hired them as hired the video guy.Now
when
we give our finished product to them the music recorded as background
music
which might have been played illegally by the dj, does that allow us to
be
also liable and sued simply by recording the event?

Any one know for sure?

Yep. Do a search on my name (either "tauger," "ptravel," or "ptauger")
and
"incidental reproduction" -- I've written on this before. There's not a
short answer to it, and I can't give you legal advice, but you're right to
be concerned.

Thanks PTravel,

I figured legally that was the case, now in your experience as a lawyer in
this field, have they ever sued
a small time video guy doing weddings?

Just curious how concerned i should be. :)

I mean even if I took steps to be careful, the day of the event it's not
like i could just yell "Cut" stop the wedding,
that sound isn't approved and I'm not filming this any longer, lol I'd be
sued for breach of contract and ruining the event, no?
Thanks,
AnthonyR.

PTRAVEL
Guest

Posted: Tue Nov 08, 2005 5:41 am Post subject: Re: Music for my home video...

"AnthonyR" <nomail@nospam.com> wrote in message
news:R6Sbf.4128$ek6.3571@news-wrt-01.rdc-nyc.rr.com...

Quote:

And as I asked before, if we videotape a party or wedding that a DJ is
playing at, the bride and groom hired them as hired the video guy.Now when
we give our finished product to them the music recorded as background
music
which might have been played illegally by the dj, does that allow us to be
also liable and sued simply by recording the event?

Any one know for sure?

Yep. Do a search on my name (either "tauger," "ptravel," or "ptauger") and
"incidental reproduction" -- I've written on this before. There's not a
short answer to it, and I can't give you legal advice, but you're right to
be concerned.

AnthonyR
Guest

Posted: Tue Nov 08, 2005 5:41 am Post subject: Re: Music for my home video...

<davesvideo@aol.com> wrote in message
news:1131391567.302012.179460@g49g2000cwa.googlegroups.com...

Quote:

AnthonyR wrote:
"Gary P" <nospam@thankyou.com> wrote in message
news:436d66c3$1@127.0.0.1...

And what about the millions of D.J.'s charging commercially every day for
their services?
They don't pay royalties to all those artists.

And many have paid for the proper licenses. Do you know for sure that
'millions" do not?
I suspect that anyone doing it as a business, would get nailed pretty
fast if they didn't.

Dave

I don't know how fast they would get nailed...my friend threw a party a few
months ago, he advertised for a dj in craigs list,
about 20 e-mailed him, he chose one guy who only charged $150, as I said he
had any record you wanted digitally or on cd, cash deal, no income tax
reporting etc...I doubt very highly he had legal rights to play and song.

And as I asked before, if we videotape a party or wedding that a DJ is
playing at, the bride and groom hired them as hired the video guy.Now when
we give our finished product to them the music recorded as background music
which might have been played illegally by the dj, does that allow us to be
also liable and sued simply by recording the event?

Any one know for sure? I doubt they've got around to suing any video houses
yet since they seem to busy trying to get Microsoft and Sony to come up with
encryptions schemes to go after individuals yet

PTRAVEL
Guest

Posted: Tue Nov 08, 2005 11:40 pm Post subject: Re: Music for my home video...

"AnthonyR" <nomail@nospam.com> wrote in message
news:LlWbf.4158$ek6.2229@news-wrt-01.rdc-nyc.rr.com...

Quote:

"PTRAVEL" <ptravel88-usenet@yahoo.com> wrote in message
news:3tadgqFrnflvU1@individual.net...

"AnthonyR" <nomail@nospam.com> wrote in message
news:R6Sbf.4128$ek6.3571@news-wrt-01.rdc-nyc.rr.com...

And as I asked before, if we videotape a party or wedding that a DJ is
playing at, the bride and groom hired them as hired the video guy.Now
when
we give our finished product to them the music recorded as background
music
which might have been played illegally by the dj, does that allow us to
be
also liable and sued simply by recording the event?

Any one know for sure?

Yep. Do a search on my name (either "tauger," "ptravel," or "ptauger")
and
"incidental reproduction" -- I've written on this before. There's not a
short answer to it, and I can't give you legal advice, but you're right
to
be concerned.

Thanks PTravel,

I figured legally that was the case, now in your experience as a lawyer in
this field, have they ever sued
a small time video guy doing weddings?

Just curious how concerned i should be. :)

I'm not aware of any instances where small-event or wedding videographers
have been sued, but bear in mind that not all cases are reported (that is to
say, published where lawyers can see them), and not all cease-and-desist
letters (coupled with demands for payment) result in litigation.

Also, note that my personal _belief_ (which is not the same as a legal
opinion, and no one should rely on it) is that this kind of use, i.e. small
event and wedding videography, _should_ come within fair use. I'm virtually
certain that the fair use aspect hasn't been litigated yet, so my opinion
doesn't count for anything (unless you're my client and I've given it to you
in the course of the representation -- then it is prima facie evidence of
non-intentional infringement if you're ever sued).

You might want to go over to www.dvinfo.net, which is a great resource for
professional videographers (and amateur videographers who want to learn
something -- that's why I hang out there). We discuss this topic quite a
bit (and the discussion is considerably less rancorous then it sometimes
gets here).

Quote:

I mean even if I took steps to be careful, the day of the event it's not
like i could just yell "Cut" stop the wedding,
that sound isn't approved and I'm not filming this any longer, lol I'd be
sued for breach of contract and ruining the event, no?

I can't speak to that -- I don't know what you're contract says. To
summarize the discussion on incidental reproduction over at dvinfo.net,
less-than-complete use of incidentaly-recorded protected expression in a
reportorial context will probably be deemed fair use. At the other extreme,
using incidentally-recorded music as a sound track for a commercial product
will almost certainly result in infringement liability. It would probably
make sense, at a minimum (though would _not_ be a guarantee of
non-liability) to avoid J- and L- cuts that contain incidentally-recorded
protected expression.

Quote:

Thanks,
AnthonyR.

AnthonyR
Guest

Posted: Wed Nov 09, 2005 10:01 pm Post subject: Re: Music for my home video...

"PTRAVEL" <ptravel88-usenet@yahoo.com> wrote in message
news:3tc68sFrepmnU1@individual.net...

Quote:

"AnthonyR" <nomail@nospam.com> wrote in message
news:LlWbf.4158$ek6.2229@news-wrt-01.rdc-nyc.rr.com...

"PTRAVEL" <ptravel88-usenet@yahoo.com> wrote in message
news:3tadgqFrnflvU1@individual.net...

"AnthonyR" <nomail@nospam.com> wrote in message
news:R6Sbf.4128$ek6.3571@news-wrt-01.rdc-nyc.rr.com...

And as I asked before, if we videotape a party or wedding that a DJ is
playing at, the bride and groom hired them as hired the video guy.Now
when
we give our finished product to them the music recorded as background
music
which might have been played illegally by the dj, does that allow us
to
be
also liable and sued simply by recording the event?

Any one know for sure?

Yep. Do a search on my name (either "tauger," "ptravel," or "ptauger")
and
"incidental reproduction" -- I've written on this before. There's not
a
short answer to it, and I can't give you legal advice, but you're right
to
be concerned.

Thanks PTravel,

I figured legally that was the case, now in your experience as a lawyer
in
this field, have they ever sued
a small time video guy doing weddings?

Just curious how concerned i should be. :)

I'm not aware of any instances where small-event or wedding videographers
have been sued, but bear in mind that not all cases are reported (that is
to
say, published where lawyers can see them), and not all cease-and-desist
letters (coupled with demands for payment) result in litigation.

Also, note that my personal _belief_ (which is not the same as a legal
opinion, and no one should rely on it) is that this kind of use, i.e.
small
event and wedding videography, _should_ come within fair use. I'm
virtually
certain that the fair use aspect hasn't been litigated yet, so my opinion
doesn't count for anything (unless you're my client and I've given it to
you
in the course of the representation -- then it is prima facie evidence of
non-intentional infringement if you're ever sued).

You might want to go over to www.dvinfo.net, which is a great resource for
professional videographers (and amateur videographers who want to learn
something -- that's why I hang out there). We discuss this topic quite a
bit (and the discussion is considerably less rancorous then it sometimes
gets here).

I mean even if I took steps to be careful, the day of the event it's not
like i could just yell "Cut" stop the wedding,
that sound isn't approved and I'm not filming this any longer, lol I'd be
sued for breach of contract and ruining the event, no?

I can't speak to that -- I don't know what you're contract says. To
summarize the discussion on incidental reproduction over at dvinfo.net,
less-than-complete use of incidentaly-recorded protected expression in a
reportorial context will probably be deemed fair use. At the other
extreme,
using incidentally-recorded music as a sound track for a commercial
product
will almost certainly result in infringement liability. It would probably
make sense, at a minimum (though would _not_ be a guarantee of
non-liability) to avoid J- and L- cuts that contain incidentally-recorded
protected expression.

Thanks,
AnthonyR.

Thanks for the detailed reply. I have saved the link to my favorites and
will check it out one day soon.
:)

AnthonyR.

AnthonyR
Guest

Posted: Fri Nov 11, 2005 10:13 pm Post subject: Re: Music for my home video...

<davesvideo@aol.com> wrote in message
news:1131391567.302012.179460@g49g2000cwa.googlegroups.com...

Quote:

I was speaking to a friend who regularly DJ's and he is doing an expo (music
in a booth) he has no special licenses or permits)
he told me he never had any problems and doesn't anticipate any.

He also told me about an experience he once had DJ'ing in a public club
(very commercial) where he was playing this record a lot that he liked but
the crowd didn't know, and got to like it after a few weeks. Suddenly a guy
shows up at the booth asking him if he knew who he was. He didn't. The guy
tells him he made the record. At first my friend (the DJ) didn't know what
to expect, then he seen how happy the guy was. The guy told him he was so
happy he was playing it so much, he wishes the radio stations would do the
same and thanked him very much and left.
As most people expect, people who produce songs want them played! Listened
too and that leads to sales.
Smart people know that, idiots would sue DJ's and stop all public playing of
music with permission.
I suppose that's why DJ's aren't sued more regularly.

Now a company profiting by selling Kareoke machines, that's a different
story and I don't blame Chuck Berry at all!
:)

AnthonyR.

	DVD-Software.info Forum Index -> Video Production	All times are GMT Goto page Previous 1, 2, 3, 4, 5
Page 5 of 5

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum

Office Forum Access Forum Windows Server Exchange Server

Powered by phpBB