Questions re Copyright Law

[George Tyndall]

1. If I create for a client a slide show on a DVD that makes use of her favorite copyrighted song, and she then reproduces, say, hundreds of them for sale, with all the profits going to her, and the the owner of the copyrighted song chooses to sue, am I also liable?

2. If there is a written contract which specifies that she has hired me to create the DVD but, because I am her employee, she will own the copyright, does that let me "off the hook" if the owner of the copyrighted song chooses to sue?

[RJ Johnston]

Anybody can sue you. The question is, who are you going to have represent you in court.

[Chuck Engels]

If someone was planning to create 100's of videos with copywrited music, I wouldn't do any work for them in the first place.

[George Tyndall]

If someone was planning to create 100's of videos with copywrited music, I wouldn't do any work for them in the first place.

Chuck, I'm referring to a situation in which I do not know in advance that the client has such a plan.

Would a written contract specifying that she, not I, owns the copyright to the one DVD that I made for her protect me?

[Bob]

This is one of those times that you really should consult with an intellectual property lawyer. Intellectual Property law is complex and you need to talk to someone knowledgeable in that area. I don't know whether you have any protection at all. The client also needs to understand that she needs to obtain the necessary licenses and pay royalties.

[Chuck Engels]

Bob is right. Legally you need to have rights to put copyrighted material on a single DVD, not just 100's or 1000's.
If you didn't get the proper license to begin with then I would assume you to be just as liable.

[Greg mgm]

In situations like this I'd highly recommend using a royalty free music service like Music Bakery (or something like that)
I found some great music there and feel much safer about selling dvd's.

[Chuck Engels]

Or the music here at Muvipix

[Greg mgm]

Uh, that's what I meant...

[George Tyndall]

In situations like this I'd highly recommend using a royalty free music service like Music Bakery (or something like that)
I found some great music there and feel much safer about selling dvd's.

Heretofore for my slide shows, I've been using only "royalty-free" music for which I've paid for a license to make up to 5000 shows.

Problem is, this particular client has requested a specific favorite track for her DVD. The track is one that she downloaded from an iTunes compilaton of dance/trance music--"50 songs for $14.99," she states.

Does anyone know the procedure that she or I would follow for the rights to use the track?

[Greg mgm]

On one of my dvd's I used several songs from pro working bands/ musicians. I contacted one musician directly and he was happy to let me use his music, but I paid him for the use. I contacted the manager of a popular second band and he agreed to let me use their music if I only charged for expenses (dvd discs, cases, printing, and mailing) and he wanted a copy as well. If I charged to make a profit, we would have gone through legal channels, which I'm not familiar with. So, in my limited experience, I'd recommend contacting the band's management and see what they recommend. Getting a response may be the hardest part.

[Chuck Engels]

Hi George,
We can't tell you to use copyrighted music in a slideshow for a customer/client or for profit.
That is where the problem comes in, if you are charging for the work then you become even more liable.

On the other hand I have done wedding videos and included the Bride and Grooms favorite songs purchased from iTunes or somewhere, as many copies as there were DVDs. Not perfectly legal either as far as that goes but I know they aren't going to produce 100's of DVDs either.

If it is for a simple slideshow for a customer I wouldn't worry about it too much. The cost of a license for the music makes producing small slideshows for customers way too expensive. It can easily cost $100 or more just to use a song one time. In most cases you have to purchase a much larger license at a much higher cost.

It's up to you but it might not be worth the hassle. We were just trying to make sure you understood the possible legal issues but the chances of anyone coming after you for one or two DVDs is pretty slim.
My opinion on that is as long as the music has been purchased by the customer it is ok to use on a single DVD. If they want more copies I ask them to purchase more copies or I make the purchase and add it to their bill. This might not be a perfectly legal way of doing it but would at least make a good case in court.

You can also have them sign a document saying that all content was provided by the client and they hold all responsibility for said content and that they guarantee that all content has been legally and lawfully licensed or is their own property.

The copyright laws when it comes to music are still being rewritten on a regular basis. Especially since the iPods and other MP3 players have some along and CD sales are way down. It's hard to say for sure what is legal and what isn't on a daily basis.