Music on a dvd from a wedding and copyright.

Discussion in 'Video Cameras' started by techD, Aug 23, 2006.

  1. techD

    techD Guest

    Hi - I have been asked to prepare a dvd of a wedding from someones
    dv-camcorder tape. They want the music which played at their wedding on the
    dvd and the camcorder sound obviously ins't high enough quality - meaning I
    will mix in a high quality track. They may also offer it for sale to their
    guests etc.

    I do not intend with the amount of time it will take to do it for free - but
    my question is:

    If the "Customer" signs a statement that they have obtained and hold the
    music copyright holders permission to use the listed soundtracks - (which
    they have provided to me along by cd together with their dv-tape) and they
    take full responsibility and liability etc for its use - -does that
    effectively remove me from any potential future copyright infringement
    claim - and enable me to not bother with getting a licence for use.

    This question is based upon being in the UK and selling in the UK if that
    makes any difference.

    Many thanks.

    TD
     
    techD, Aug 23, 2006
    #1
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  2. Maybe their aural standards aren't as high as yours. They might even
    prefer the "live" version, along with the other sounds of the wedding.
     
    Laurence Payne, Aug 23, 2006
    #2
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  3. techD

    G Hardy Guest

    The last bit makes no difference. Copyright law has to a greater extent been
    consolidate worldwide under The Berne Convention.

    Having a signed disclaimer is probably likely to get you into more trouble
    than its absence. It effectively states that you are aware of copyright law
    and its repercussions. Ignorance is no defence, but the absence of such a
    statement would lend credibility to such ignorance, and you might get
    reduced damages awarded against you.

    In practical terms, though, you are unlikely to be caught for such an
    infringement. There are three copyrights you will be infringing: The church
    rights (unless it was a civil ceremony), the performing rights (live acts,
    if there were any) and the mechanical rights (prerecorded music caught on
    camera or dubbed later). All three are covered by buying a licence from this
    page: videolicence.co.uk. If it's only the dubbed music you are interested
    in, you can pay much less for a mechanical licence (see Tony's response to
    "Where do you get your music licenses?" of a couple of weeks ago) as long as
    the DVD isn't for commercial purposes. That's easily covered - sell them
    some carrots for a couple of hundred quid, but give them the DVD for free
    (you would have to include appropriate terms on the disc such as "This disc
    may not be sold..."). If you do that, and they then sell on the discs, then
    the liability for licence infringement can be said to have passed onto them.

    If you charge for your work and/or the B&G charge for their video, damages
    awarded against you in the (unlikely) event that you are caught and lose
    will be higher.
     
    G Hardy, Aug 23, 2006
    #3
  4. techD

    techD Guest

    Ok - thanks for the comments and advice. IF however, I simply offer a
    conversion service of a DV-tape to a dvd - keeping the assets identical no
    additional music etc - just the changing the storage medium - from tape to
    disc is that different (original camcorder tape was from a family member)??

    Thanks

    TD
     
    techD, Aug 23, 2006
    #4
  5. techD

    G Hardy Guest

    member)??

    Don't get me wrong - I think your chances of being caught are
    (approximately) zero.

    If you decide to do what you specified above, I expect you could reasonably
    argue that you just converted the tape data and was unaware of and
    uninterested in its content, so was not the one who was in breach of
    copyright - it was the person who took the film who did that.

    However your chances of being approached for such a misdemeanour are even
    smaller than if you and the B&G charged for a fully edited and dubbed DVD.
     
    G Hardy, Aug 23, 2006
    #5
  6. techD

    techD Guest

    TD
     
    techD, Aug 23, 2006
    #6
  7. Nice idea, worthy of Sir Alan Herbert. But the courts tend to see
    through such blatant artifice. Remember the old dodge of selling a
    computer program (liable to VAT) for £5 and the manual (zero-rated)
    for £95?
     
    Laurence Payne, Aug 24, 2006
    #7
  8. techD

    John Russell Guest

    I'm sure that other may know better but if you make it clear that you are
    editing, authoring and copying the supplied material as a sub-contractor,
    leaving "pre-production", "editorial control" ,"sale" etc to your client
    then it should be their responsibility to have the licences to use the
    material they supply.
     
    John Russell, Aug 24, 2006
    #8
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