In there terms and conditions it states Therefore, by agreeing to these terms and conditions you give Photo Dedications.com permission to purchase music on your behalf from iTunes for your own personal use to comply with music copyright laws.
Is this true can I just buy the music in itunes for the B&G and put it in a slideshow and not be sued by the music company?
No go. They're trying to get around the fact that they're using the music for a commercial purpose, but it won't protect them at all if they get caught.
If they delivered a soundless slideshow, and provided *no* instructions to the bride and groom on how to purchase and add their own music and they did anyway, *maybe* that would work. Maybe. I'd have to do some research to give a measured opinion on that issue. But even if they had the B&G purchase the music themselves and provided a way for them to add the music to the slideshow, they'd be in trouble.
Nikki
--who does have a law degree, but doesn't currently practice.
What about using music on a slideshow you are showing at a bridal show? You are not selling anything--just adding music to show off your work. Would that be a copyright infringement, or is it legal? I'm doing a bridal show tonight and need to know!
mulder32 wrote:
What about using music on a slideshow you are showing at a bridal show? You are not selling anything--just adding music to show off your work. Would that be a copyright infringement, or is it legal? I'm doing a bridal show tonight and need to know!
You are selling something, you are selling your work by adding the music. They can argue that the music helped you get contracts.
mulder32 wrote:
What about using music on a slideshow you are showing at a bridal show? You are not selling anything--just adding music to show off your work. Would that be a copyright infringement, or is it legal? I'm doing a bridal show tonight and need to know!
By definition you are using it to advertise for yourself, so it is copyright infringement. =( It stinks, but it's the same as if a musician was doing a show and took a bunch of photos from others and displayed it during the show. The argument could be made that he's not selling those photos, but he still needs permission.
Technically you're not even allowed to play music in your studio when clients come in unless you have a license.
Here's my question - what are the rules about classics? Like, can I have a friend play pachelbel's canon on the guitar and record it and use it? I imagine I can't, however, use a Boston Pop's CD of classics just because it's the Pops playing it and they have that copyrighted?
Music gets SO confusing because of issues of who wrote the song, then who played the song.
mulder - with the availability of inexpensive music from great companies catering specifically to photographers today, there's no reason to even skirt the law. just be a responsible business owner - use royalty free music, license through somewhere like http://www.triplescoopmusic.com/ or find an independent artist willing to work with you. simple.
DB wrote:
Here's my question - what are the rules about classics? Like, can I have a friend play pachelbel's canon on the guitar and record it and use it? I imagine I can't, however, use a Boston Pop's CD of classics just because it's the Pops playing it and they have that copyrighted?
Music gets SO confusing because of issues of who wrote the song, then who played the song.
if the copyright on the music has expired and it's in the public domain, you can have a friend record it or hire someone to record it, etc. but be careful. there are exceptions where an estate still owns the rights.
The chances of getting caught and sued are minimal but not zero. Look at some of the music file sharing cases out there. I also understand that there are periodic "bar sweeps" where broadcasters check on use of broadcast/cable TV outside of the license terms at restaurants, sports bars and the like. If the music industry felt "bridal" businesses were a problem, they could easily sting a couple into high profile and high cost "examples."
Personally, I think the music industry should make it easier and economically inviting to use music legally instead of trying these weird and difficult and expensive licensing schemes that are hard to enforce and often ignored. Whether any "artist" who hopes for copyright protection should work around other artists' rights is questionable.
DB wrote:
Here's my question - what are the rules about classics? Like, can I have a friend play pachelbel's canon on the guitar and record it and use it?
Yes, you may do this IF the music's copyright has expired. Current law says that a copyright lasts for the life of the author + 70 years. If the work was created before 1978, the copyright lasts for 95 years from the publication date. (Corporate creations are slightly different, but we're not really dealing with that here.) Pachelbel's Canon, by best knows guesses, was written in 1694, so you're safe. IF you make sure that the recording you make follows the guidelines for work-for-hire OR your friend grants over the copyright for his recording.
DB wrote:
I imagine I can't, however, use a Boston Pop's CD of classics just because it's the Pops playing it and they have that copyrighted?
Correct, unless you get permission. The Pops doesn't have a copyright on the song, but on their version, their recording of that song.
