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Music Copyright and DVD Slideshows...

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Daughare

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I'm still unclear, I know it is a copyright violation to take music from cd's that I own and use it in a slideshow that I sell/give to my client. What are the rules regarding customer supplied music (on cd)? Since they own it can I use it in their slideshow? I have heard somthing about synchronization, but I'm not sure what the ramifications are to me. I'm in the US if it matters.

Thanks
Mark
 
Daughare said:
I'm still unclear, I know it is a copyright violation to take music
from cd's that I own and use it in a slideshow that I sell/give to
my client. What are the rules regarding customer supplied music
(on cd)? Since they own it can I use it in their slideshow? I
have heard somthing about synchronization, but I'm not sure what
the ramifications are to me. I'm in the US if it matters.

Thanks
Mark
Click to expand...
If what you're hinting at were true, all you'd have to do is purchase the CD's involved (for each client) and include them...but I don't think that would get you off the hook. Better look at royalty free music and/or music sold just for this purpose.

George
 
What's going to happen to the DvD??

One use only for company presentation, or limited distribution to company salesfolk, or public distribution (for free or for sale)...each has ramifications.

The word is damages...if you are taking royalty away from the musician and profits from the RIAA members, you have damaged them. So what's it worth to you?? (probably figure atty. time = c. $400. hr.)

Ed
 
Yep that's the deal. I wouldn't get involved with anything that smells like you're violating someone else's copyright. I think photographers should be set the example with regard to respecting copyright laws. Including non-royalty free music into a slideshow is a violation of the usage license regardless of who purchased it.

I wish it weren't so, but it is. Check out musicbakery.com. They have some pretty good stuff.

Shad
 
Also, you can use programs like Soundtrack Pro or Garageband to compose your own, royalty free music. It's pretty cool because you can compose the music to match the changes in your show.
 
Musicians use their copyright to control "performances." Every time the music is played, it's a "performance." Every time a copy of the music changes hands commercially, that's like a "performance" having occured.

The license sold to you with the CD (no different than the license sold with a computer application) specifies that the performances taken from that CD may not be used for any commercial purposes, and there is virtually no way a professional photographer can incorporate them into his business without it being for commercial purposes--they hired lawyers to make sure of that. They don't intend to "perform" for any other businessperson's financial benefit without gaining some financial benefit from it themselves.

Actually, even playing a music radio station in your studio runs afoul of their copyright, if customers can hear it.

I highly recommend http://www.musicbakery.com . It's easy, it's inexpensive, it's royalty-free, and the music is good.

--
RDKirk
'TANSTAAFL: The only unbreakable rule in photography.'
 
When you buy a music CD, you are licensed to use it for your personal listening use only. When you use a music CD in a slide show you are denying the artist of their right to fair compensation of their music.

It is like a professional photographer sells his/her image to one customer and that customer turns around and makes copies of that image and resells it. The photographer loses out on money he/she rightly deserves.

So how do you get permission to use music on your slide shows? Easy. Contact the artist's business manager. Explain why and how you are using their music. Some artists will allow you a one time right to use their music for a fee. You will find this information somewhere on the last page of the leaflet the CD comes with.
 
Thanks, that site is pretty cool. You have confirmed what I suspected but there is a lot of conflicting opinion/info out there.
 
Looking for background music for my 360° panorama imaging I had the same problem.

You can search for the keywords "creative commons music" to find titles or musicians. Next step is to ask the musician for a license that covers your needs. You pay directly to the musician without spending a huge fee to the recording companies....

A good starting point is also ccmixter.org .

Thomas - panoviews.com
 
people who watch the slideshow (other family members, guests etc) will know and report you

youll get a bad wrap
 
You are creating a derivitive work for which you need yet another license.

Obtaining rights is not that easy. You actually need to obtain a mechanical license, a performance license and a synchronization license (which gives you the right to "synchronize" the music to the photos).

dlesko
Daughare said:
I'm still unclear, I know it is a copyright violation to take music
from cd's that I own and use it in a slideshow that I sell/give to
my client. What are the rules regarding customer supplied music
(on cd)? Since they own it can I use it in their slideshow? I
have heard somthing about synchronization, but I'm not sure what
the ramifications are to me. I'm in the US if it matters.

Thanks
Mark
Click to expand...
 
Here the Music companies have an untapped market and are ignoring it.

If anyone of them would present a relatively easy way to legally use the music at some non-ridiculous rate I am sure people would be lining up to purchase from them.

A brides DVD set to her favorite song for only another fifty dollars? They wouldn't hesitate.

--
Jim
 
Following the "do unto others" rule, ask yourself you how you would feel if someone used your photographs, unattributed? With the availability of "royalty-free" music and photographs, there seems to be enough resources to put together a DVD without "borrowing" (some call it "stealing") other people's work product.
 
I could be wrong but I have heard that you can use music subject to the following:
  • The customer provides you with the music (i.e. gives you a CD) and that they have purchased it legally and own it.
  • You do ot charge them for putting the music into the slideshow.
As I said I could be wrong....
 
I understand your point re: using music the B&G provide, since it seems all you are effectively doing is transferring it to another medium for them to enjoy, after having already purchased the right to listen to the music themselves.

I fear this is a short sighted attempt to skirt the copyright law that, if tested in a court, would be seen as similar to some of our industry's commercial infringement suits not long ago. When I used to deliver a chrome or print to an ad client, it was for a specific use at an agreed upon price. If they used it elsewhere, I was owed a fee. With digital, we've gotten used to granting more rights because the image is so accessible.

But the right to create another platform (video set to music) with the song is not implied in the initial sale.

In short, if contested, this is a loser.

I agree with the earlier poster, too, who said we photographers should be setting the example for ethical behavior, being subject to infringement ourselves. When they lived at home, my kids were not allowed to use Napster and the other music rip-off sites for this reason.
--
jrbehm
 
RDKirk said:
Actually, even playing a music radio station in your studio runs
afoul of their copyright, if customers can hear it.
Click to expand...
Here's where the music companies draw the line:

If you simply have a boombox, etc playing recorded music or radio music, they do not fret. If you have a built-in system, i.e. speakers mounted in the ceiling, hanging on the wall, etc, so that the music is being piped in, then you need to pay an annual fee.

They have actual people that visit businesses (beauty salons, etc.) to verify compliance.

--
Warm regards,
Dad-of-four
 
Jeff Behm said:
I agree with the earlier poster, too, who said we photographers
should be setting the example for ethical behavior, being subject
to infringement ourselves. When they lived at home, my kids were
not allowed to use Napster and the other music rip-off sites for
Click to expand...
I think we need to try and come up with an example in photography that is more akin to setting the B&G's music onto a DVD slide show, so here goes

You sell the B&G a CD of your low-res shots, they then take and put these into a DVD slide show. Is this a violation of copyright laws? They are just transferring them from a PC screen viewer to a TV viewer. Much the same as transferring the CD music to a DVD music.

(Please note: I am not advocating this, just trying to think in the same terms)
--
Warm regards,
Dad-of-four
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