Hello everyone please help

I know this is a old topic. I want to do DVD slideshows with music for the B&G without getting sued .
I went to this website http://photodedications.com/TermsandConditions.html www.photodedications.com

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?

What do the terms and conditions say? Does it say anything in regard to commercial use?

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.

I do not have a law degree, but momma always said, "If it sounds too good to be true..."

I believe the slideshow would be considered a derivative work. Without express permission for that, you are not licensed to do it.

file this one under: breakin' the law

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.

Gotcha--thanks guys!

Is it illegal? Yes
Are you going to get Sued? No
Will your conscience allow it? ______

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.

TRIPPLESCOOP FTW

McGrattan wrote:
Is it illegal? Yes
Are you going to get Sued? No
Will your conscience allow it? ______


I'll quote you on that when the R-I-A-A come knocking.

Winnie the FFFFUUUUUUU

jprezant wrote:
McGrattan wrote:
Is it illegal? Yes
Are you going to get Sued? No
Will your conscience allow it? ______


I'll quote you on that when the R-I-A-A come knocking.


Isn't that the harsh reality of the matter? Or is there some "wedding photographers stomped by the RIAA" underground I don't know about?

Have the bride or groom provide the music they want on the original CD. End of story.

Doesn't matter who provides it, if it isn't licensed for that use, it's an infringement. The typical commercial "home" music recordings aren't licensed for that use. The CD (whatever) probably has a license statement in fine print on the jacket. They just aren't as obvious as the license statements on most videos, vhs or dvd, etc.

Just like infringing uses of one's photographic products. The likelihood of finding them out and successfully prosecuting them is slim - but the recording industry has been quite aggressive and successful in prosecuting copiers when they have made the effort.

A massive topic indeed. If I buy and album off of itunes and use it for a slideshow I wouldn't feel bad about it at all. They made their coin from it and it is not selling anything. The products are the photos which are paid for in their own merit. I haven't made a slideshow yet but in all honesty I would probably put the info the song in case people like it.

If I buy an album from a pawn shop does the pawn shop send royalties to the musician? Now what if I buy an album from a pawn shop and then use it for a slieshow! ? Snap!

Craig Gillette wrote:
Doesn't matter who provides it, if it isn't licensed for that use, it's an infringement. The typical commercial "home" music recordings aren't licensed for that use. The CD (whatever) probably has a license statement in fine print on the jacket. They just aren't as obvious as the license statements on most videos, vhs or dvd, etc.

Just like infringing uses of one's photographic products. The likelihood of finding them out and successfully prosecuting them is slim - but the recording industry has been quite aggressive and successful in prosecuting copiers when they have made the effort.

That's actually incorrect. The "license" is for "personal use".

If you are the legal owner of the music (as the bride/groom), you have every right to make copies of the music for yourself - including to accompany your personal use slideshow.

Asking a photographer to copy that music to your slideshow for you (as the bride/groom) is not a breach of that right... as long as the photographer does not charge for copying the music for that person. This is easily taken care of with some simple wording in your contract stating that original music for any slideshow must be provided by the client.

The bride/groom is still the legal owner of the music no matter how you cut it. (I just wouldn't allow them to bring me an mp3 on a burned disk - I'd want to see the original)

The funny thing about copyright law is if the bride/groom ever sell that CD at a garage sale (or whatever) in the future, they legally have to destroy that copy of music that accompanies the slideshow.

If none of this were the case, we wouldn't have things like iPods and iTunes.

Just FYI...if anyone is at all into Vampire Weekend, I called and asked to go through the 'permission to use' process for "Giving up the Gun" in a promo video we are shooting today and tomorrow.

I called up the representing firm for the label and artist and told them, "Hey, I'm from small town Iowa and will be shooting a promo video that'll last around 3 minutes and I wanted to use Vampire Weekends song for about 45 seconds."

She replied, "For 6 months term and 45 seconds of the song would cost a total of $10,000."

I choked and then asked if the fee is on any sort of 'sliding scale' as our budget for the promo video itself is not even half that. I asked if they would charge the same for a feature film. She said, "No, we'd charge much more."

Unbelievable. And I thought that they were an 'indie' band on a small label.

edit: sorry, I realize this is a tad bit OT but thought I'd share since we are talking copyright + music.