Copyrighted music in webvideos

Discussion in 'Legal Issues' started by Argentum23, Apr 15, 2006.

  1. #1
    I make videos for my site www.theweeklydebacle.com and I'm wondering about using copyrighted music in my videos (for example, a parody of a popular song or the rocky theme music for a sequence). Is this considered copyright infringement?
     
    Argentum23, Apr 15, 2006 IP
  2. browntwn

    browntwn Illustrious Member

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    #2
    Almost all music is licensed for use through ASCAP

    You can check here for specific Internet licensing options.

    http://www.ascap.com/weblicense/

    Most people don't realize that every bar, restaurant, video, movie or basically anything that has music has to license from ASCAP or risk violating the law. Obviously, many businesses have different levels of risk aversion and many do not legally acquire the right to use the music.
     
    browntwn, Apr 15, 2006 IP
  3. lorien1973

    lorien1973 Notable Member

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    #3
    ascap or the other (BMI I think?) are pretty cheap. Like $100/month or something like that - its probably different for different uses though, so its not a huge investment to pay them.
     
    lorien1973, Apr 15, 2006 IP
  4. ConfusedSoul

    ConfusedSoul Peon

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    #4
    The $100 a month figure is mostly only for retail businesses. Resturants, department stores, bars etc. It's more for Radio stations.

    For a specific purpose like this you'd have to agree to a contract with the copyright holder for the song. Usually it's done as a set fee or on a per use basis an example being used in a commercial (I don't think this is an option for you.)
     
    ConfusedSoul, Apr 15, 2006 IP
  5. oldcowhand

    oldcowhand Guest

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    #5
    Actually, none of the previous posts are correct. BMI, ASCAP, SESAC and SOCAN (Canadian company) only license the rights for you to perform the music or the recordings. They DO NOT issue what are called "mechanical" licenses--or licenses that allow you to actually use the recordings to produce another work.

    That comes from the Harry Fox Agency and the NMPA. The licenses are NOT inexpensive. Rarely, and only rarely, you will negotiate directly with the copyright holder.

    You mention that you are using the music/videos as a parody, which may change your rights slightly, but your best bet would be to talk with an experienced IP attorney before continuing to make the videos.
     
    oldcowhand, Apr 16, 2006 IP