Use of Music in movies

  • Thread starter Thread starter David Cleland
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David Cleland

Is it legally ok to add a song to a video for my pupils ? I have made a
short video of the pupils in moviemaker and added a song (which they like, I
hate) is that ok ?

David
 
Is it legally ok to add a song to a video for my pupils ?
I have made a short video of the pupils in moviemaker
and added a song (which they like, I hate) is that ok ?
Click to expand...

Without knowing WHAT the music is or WHERE you are,
it is likely safe to generalize that it is NOT legal to use
copyright-protected music in a video without permission
of the owner.

This is easier to do in some countries, but nearly impossible
in the USA because of the copyright laws, etc. Also, in the
USA it makes no difference if it is non-profit, for a school,
etc.

For that reason, there are many vendors of "production music"
which IS legal to use in videos. Some of it is free, and there
is a wide variety of music, some of it likelty matching the
"look & feel" of the music your pupils like.

One of my favorite online sources of SFX (sound effects) and
production music is www.sounddogs.com but there are many
others.
 
,
it is likely safe to generalize that it is NOT legal to use
copyright-protected music in a video without permission of the owner.
Click to expand...

but how would you get permission ?

would they persue something like this against a school for 1 song even given
that the song is not audible all the time as there is talking etc ?

David
 
but how would you get permission ?
Click to expand...

Ask the copyright holder. In the USA, this is easy/trivial to
do for audio recordings (CDs, cassettes, etc.) with what is
called a "compulsory mechanical license". The fees are
set by law at a few cents per song per copy. There is even
a website where you can go www.harryfox.com and apply
for a license online.

But for film/video, a different kind of license is required,
a "synchronization license". Alas, in the USA, these are
negotiated between the owner and the film/video producer.
There is no compulsory license, and no set fees. Because
of the nuisance factor, most music licencees won't even
talk to you unless you are producing a bigtime movie with
license fees into thousands (or tens of thousands) of dollars
per song. In other countries, "sync licenses" are handled
more like "mechanical licenses" are done here in the USA.

OTOH, if you have some personal connection to the artist
and/or the songwriter (or their agents), you might get lucky.
You could just try writing the copyright holder a nice request
on school letterhead, you might hit the lottery? But don't get
your hopes up.
would they persue something like this against a school for
1 song even given that the song is not audible all the time
as there is talking etc ?
Click to expand...

All it takes is one person reporting the violation. In the
immortal words of Dirty Harry: "Do you feel lucky?"
USA law requires them to pursue even "minor violations"
in order to show "due dilligence" in protection of their
intellectual assets. If they just let it go, the next person
could come along and say that they don't care and have
let the song slip into public domain.
 
David, if you are not making money with your videos then they have nothing to
sue you about so go ahead and use the music. also your application, for use
in a tasteful presentation for your students would generally be much
appreciated by the artist, again, something you will never get sued for. I
don't think it's "do you feel lucky?" , it's how did you use it? I have used
hundreds of songs in my balero videos at www.theunit.com and have never been
sued, because we are helping promote the music by including it in our cool
videos.

saludos, Bill
 
....
David, if you are not making money with your videos then they have nothing
to
sue you about so go ahead and use the music. also your application, for
use
in a tasteful presentation for your students would generally be much
appreciated by the artist, again, something you will never get sued for. I
don't think it's "do you feel lucky?" , it's how did you use it? I have
used
hundreds of songs in my balero videos at www.theunit.com and have never
been
sued, because we are helping promote the music by including it in our cool
videos.
Click to expand...


thanks, I felt band and I have decided to remove the video and recreate it
with some original student music - so it might even be better - although it
does not take a genius to work out what would be better.

David
 
Regardless of making no money, for charity etc, it is still against the
law in most places. SO looking at the large side of things, would you tell
your students it's ok to download songs and listen to them for free? It is
illegal, they make no money from doing it?
Graham
Click to expand...

that is how I looked at it although I have absolutely no problem in adding a
song to a home video for my family, after all I bought the cd, if I can
transfer it to my mp3 player I am surely add it to my dvds so I can listen
to the song I like while watching my kids.

David
 
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