Copyright Law question

[swifty]

I've organised a motorcycle rally for this July (lots of beer and loud rock bands), we are thinking of taking loads of photo's of the rally and doing a video and putting both on a DVD to sell to the rally goers on the Sunday morning to raise even more money for M.A.G. as they need every penny they can get right now.
Thing is! we need to put background music in for the photo's and field shots from the cam corder, how do we get around the problem of copyright laws.
I don't think playing the 2nd movement from Dvorak's Symphony No: 9 will suit photo's of drunken bikers

[MissFM]

Re: Copyright Law question

Have a chat with the musician's union. Think you'll probably be Ok with that !

[Eloise01]

Re: Copyright Law question

Personally I think the 2nd movement would be fine - few of them will recall what they heard after the beer. But no, the Musicians union won't help I'm afraid as they don't own copyright. And there is no "getting around" copyright laws! Are you tallking about live loud rock bands playing? If so the best way to approach this would be to talk to them and their management directly, If they do not own the copyright, then their record label almost certainly does and if they are doing this event for a good cause, then it should be very easy to agree that they waive copyright for this and this alone. If you are looking for music from elsewhere, you would have to contatct the copyright holder direct (usually listed on the cover). Most will waive copyright fees for accreditation in a good cause (which you'd have to evidence obviously).

If you are in a field near me in July, can I appeal for Dvorak, or possibly some Strauss, although I am partial to Wagner?

[MissFM]

Re: Copyright Law question

No - they don't own copyright but they do advise! Actually Eloise I also misread that to mean that Swifty wanted Dvorak ... I think the main thing is to give credit to every artist you use (prior permission would be ideal). Most will be happy with that - but if not the percentage of profit is actually quite small and this is for charity after all - hence the suggestion to ask the Union for the standard rates.

[swifty]

Re: Copyright Law question

We're getting cover bands to play so they're doing songs by 'living' rock bands, don't know how we stand on using mainstream rock music played by these cover bands??

I'm sure if they have any of their own stuff then they'll be only too happy to let us use it providing we add them to the credits

[MissFM]

Re: Copyright Law question

Best bet all round Swifty - get them to do their own stuff and credit them

[labman]

Re: Copyright Law question

I am partial to Wagner?

That's just the classical equivalent of hard rock!

[MissFM]

Re: Copyright Law question

Eloise is a lawyer - I'm not (just a jobbing musician lol) and she will be right about royalties due

[Eloise01]

Re: Copyright Law question

No - they don't own copyright but they do advise! Actually Eloise I also misread that to mean that Swifty wanted Dvorak ... I think the main thing is to give credit to every artist you use (prior permission would be ideal). Most will be happy with that - but if not the percentage of profit is actually quite small and this is for charity after all - hence the suggestion to ask the Union for the standard rates.

No - I preferred Dvorak but I didn't think Swifty wanted it! Prior permission is not ideal - it is an absolute requirement. If they are using "cover bands" then provided the music is recorded by them and at the event they may already have the required permissions, depending on their own agreements with the copyright holder. But much as this is for charity - copyright holders generally aren't picky about who they sue for infringing copyright. Especially not in the music industry. I am seriously not being funny about this, and I sometimes find it hard to summon up a deal of enthusiasm for a £multimillion record company suing over two and sixpence, but copyright exists for a reason and not everyone is a £multimillion record company (although they are probably much nicer and less inclined to sue!). Copyright has become big business, but it is intended to protect the income of the writers etc. Many of these "little people" would be happy to support charities (but they should still be asked!) but bigger businesses have their own agendas which means they may be happy to agree if asked and happy to sue if not!

I would suggest that the bands performing is the place to start to check their agreements. If you need more than the arrangements they already have in place and need further advice, I can't help you a bit with where to start beyond what I have suggested already - but my brother can! I'll twist his arm ...

[Eloise01]

Re: Copyright Law question

Eloise is a lawyer - I'm not (just a jobbing musician lol) and she will be right about royalties due

Oh this isn't my area of law - and I couldn't play music to save my life (unless it involved pressing the play button). But my brother... now that is a different story. I picked up all I know from him on this - and it's a fraction of what he knows.

[Eloise01]

Re: Copyright Law question

That's just the classical equivalent of hard rock!

You mean it's loud and goes on for ever?

[MissFM]

Re: Copyright Law question

Actually Eloise - I wish you were acting for me - I'm constantly "getting screwed" (lol) on copyright (on visual, not music) and am FASCINATED that you say there is no way around the law on this - enforcing it when you have no money and they have gazillions seems to be the way that they get around it sorry Swifty - off thread!

[labman]

Re: Copyright Law question

Eloise is absolutely correct. I am fortunate enough to have had a few bits and pieces published / produced both as a composer/arranger and as a performer. I would not be happy if my music was added without prior consent, though for a charity I would give permission willingly.

[Eloise01]

Re: Copyright Law question

Actually Eloise - I wish you were acting for me - I'm constantly "getting screwed" (lol) on copyright (on visual, not music) and am FASCINATED that you say there is no way around the law on this - enforcing it when you have no money and they have gazillions seems to be the way that they get around it sorry Swifty - off thread!

Gazillions is always a powerful legal argument ! Not impossible, but powerful. There are ways around it, although I am not an expert on them, but copyright is very powerful - as it should be. If you have a specific problem ask, and I'll ask my brother when we next speak. He owns a (small but successful) TV company and a few recording studios. So both visual and sound are in his purview. Can't promise an answer in a day as this first involves "find brother", but I will ask if you want.

[MissFM]

Re: Copyright Law question

Bless you Eloise. You are right, and Labs is right, it is a (correct) argument I use all the time to galvanize others! I don't at present (to my knowledge - and it really is like that) have any live issues - but who knows and it's good to have friends! x