I buy the dubbing etc licences in with my membership. Could someone outline
the detail of the four shows to general audiences exemption for me that I
spotted a few days ago in the small print. Is that:-
- per year / per production?
- per production over the liftime of it?
- four shows in total per year?
So far nothing is close to four shows over and above the local Camera Club
but I do have three shown, individually, now at least once to non-camera
club audiences. I am trying to stay legal on these music issues.
Secondly.
I use the Pinnacle Studio 8 software and occasionally use it to generate
short bits of background music as fill using the SmartSound option it includes.
My current production has some gaps between narration and my own recorded
external sounds where I could use SmartSound to fill in the gaps or a commercial
recording. If I use commercial stuff I know I can't copy it to give to friends
etc. Does anyone know if the SmartSound feature generates music that is
distributable as I would like to pass copies of this particular collection
of my archive footage around to friends.
The Studio manual does not say one way or the other about legality of the
music the product generates. However as in the section about ripping CD
music into the film project there is not even a footnote to advise that,
without licences, this is an illegal copyright breach I suspect it wouldn't
say that on the SmartSound page either or advise that the generated music
has no copyright issue associated with it. Note - I am treating it with
caution until I find out it is copyright clear.
John.
Music licences / copyright questions
-
John New
Re: Music licences
"John New" <forums@theiac.org.uk> wrote:
Add - above still to be resolved if possible pleaseI buy the dubbing etc licences in with my membership. Could someone outline
the detail of the four shows to general audiences exemption for me that
I
spotted a few days ago in the small print. Is that:-
- per year / per production?
- per production over the liftime of it?
- four shows in total per year?
So far nothing is close to four shows over and above the local Camera Club
but I do have three shown, individually, now at least once to non-camera
club audiences. I am trying to stay legal on these music issues.
-
John New
Stu 8 element of post - update
Thanks to the Pinnacle User Forum I have found the authorising licence but
it still isn't crystal exactly what you might let your self in for. Quoted
in full with my thoughts -
SOFTWARE LICENSE AGREEMENT OF SONIC DESKTOP SOFTWARE, INC. ("SDS")
Music / Audio Rights.
You may adapt, synchronize, reproduce and distribute the musical compositions
and, if any, lyrics and other audio included in the Software only in conjunction
with and as an integral part of a multimedia presentation, CD ROM, kiosk,
video, film, Internet web site or other such multimedia application created,
adapted or synchronized by you utilizing the Software.
JN - Observation. I read that as I can do the above with this music if I
have created the total package. However does distribute include for gain
here or just as a free gift?
You may not
(1) perform or transmit or disseminate over a network or other electronic
means except as an integral part of an authorized presentation, as defined
herein, or
(2) distribute, except as provided herein, any of such music or audio content.
JN Observation - That is OK - you can't use it to create a music only CD
for example.
--------------
It is expressly understood by the end user that in granting the rights to
broadcast over a network an authorized presentation, as defined herein, containing
such music or audio, SDS is in no way assigning ownership of said musical
compositions and sound and retains all its original rights in and to the
compositions including the right to collect any royalties that are payable
to it as a result of the performance for broadcast and collected through
or by Broadcast Music Inc. (BMI) and The American Society of Composers Authors
& Publishers (ASCAP).
The end user hereby agrees, that it will submit proper cue sheets indicating
the authorized and correct SDS music publishing information to the television
or radio station with a blanket license with the above noted performance
rights organizations at the time the end user becomes aware of such broadcast
performance.
JN observation - again all fair enough and clear.
--------------------
You agree to pay and to indemnify and hold harmless SDS from any and all
costs or expenses arising or resulting from any unauthorized use of the musical
or audio content of the Software.
JN - Observation. Now here we can all worry as there is a typical lawyer's
fee earner clause. I legally create a video under the "You may adapt....."
opening paragraph. And I give it away or sell it. Some scum-bag I have
never heard of then rips of my copyright on the total video package with
my pictures plus SDS sound and publishes it. I risk getting done by SDS
for their supposed copyright infringement although all I had done is a legal
action within their agreement.
Perhaps we should all be layers not just amateur cinematographers!!
Clearly for home and personal use no issue - only if exercising the distribution
option. Do IAC have a view on the final clauses under UK rather than US
law and would this US law overrule?
it still isn't crystal exactly what you might let your self in for. Quoted
in full with my thoughts -
SOFTWARE LICENSE AGREEMENT OF SONIC DESKTOP SOFTWARE, INC. ("SDS")
Music / Audio Rights.
You may adapt, synchronize, reproduce and distribute the musical compositions
and, if any, lyrics and other audio included in the Software only in conjunction
with and as an integral part of a multimedia presentation, CD ROM, kiosk,
video, film, Internet web site or other such multimedia application created,
adapted or synchronized by you utilizing the Software.
JN - Observation. I read that as I can do the above with this music if I
have created the total package. However does distribute include for gain
here or just as a free gift?
You may not
(1) perform or transmit or disseminate over a network or other electronic
means except as an integral part of an authorized presentation, as defined
herein, or
(2) distribute, except as provided herein, any of such music or audio content.
JN Observation - That is OK - you can't use it to create a music only CD
for example.
--------------
It is expressly understood by the end user that in granting the rights to
broadcast over a network an authorized presentation, as defined herein, containing
such music or audio, SDS is in no way assigning ownership of said musical
compositions and sound and retains all its original rights in and to the
compositions including the right to collect any royalties that are payable
to it as a result of the performance for broadcast and collected through
or by Broadcast Music Inc. (BMI) and The American Society of Composers Authors
& Publishers (ASCAP).
The end user hereby agrees, that it will submit proper cue sheets indicating
the authorized and correct SDS music publishing information to the television
or radio station with a blanket license with the above noted performance
rights organizations at the time the end user becomes aware of such broadcast
performance.
JN observation - again all fair enough and clear.
--------------------
You agree to pay and to indemnify and hold harmless SDS from any and all
costs or expenses arising or resulting from any unauthorized use of the musical
or audio content of the Software.
JN - Observation. Now here we can all worry as there is a typical lawyer's
fee earner clause. I legally create a video under the "You may adapt....."
opening paragraph. And I give it away or sell it. Some scum-bag I have
never heard of then rips of my copyright on the total video package with
my pictures plus SDS sound and publishes it. I risk getting done by SDS
for their supposed copyright infringement although all I had done is a legal
action within their agreement.
Perhaps we should all be layers not just amateur cinematographers!!
Clearly for home and personal use no issue - only if exercising the distribution
option. Do IAC have a view on the final clauses under UK rather than US
law and would this US law overrule?
-
Dave Watterson
Re: Music licences
After some email hiccups I got the following information from Gerald Mee,
the IAC's Copyright guru:
On the 'Yellow Leaflet' RH/GM Jan 96...IAC Copyright Clearance Schemes
para 5...COPYRIGHT MUSIC-THE MCPS LICENCE
The reference to the number of showings has always been a little vague and
cover.....
"....club premises.....public exhibition (for club funds..charities etc)
...two public exhibitions, annually (in addition)...movie festivals, and
for judging purposes.."
This, as I read it, means ANY reasonable use of the production for NON PROFIT
MAKING purpose (except for club funds/charities) and has always included
the number of shows that members' productions usually appear in.
Once the dubbing licence has been paid it covers ALL productions made in
that 12 month licence period and covers those productions for ever more.
The licence is issued for the DUBBING of the music and, in theory should
be applied for BEFORE the dubbing takes place!!!
The MCPS / BPI licences are issued for use with LIBRARY music, ie. that published
specifically for use in film, radio, stage, radio etc.
These discs are NOT available to the GENERAL PUBLIC. They can be purchased
from the IAC Music Adviser (Richard Curry) at a current price of £10-00 (incl.p&p).
Richard will advise on your selection. richard.curry1@ntlworld.com
If you want to use COMMERCIAL MUSIC ie. that purchased retail from a music
store, then, IN ADDITION to the MCPS / BPI licences, extra permission must
be obtained from the MUSICIANS' UNION. This is by special arrangement between
the IAC and the MU and is only available to IAC members, using the special
application form (from the office OR from Gerald Mee (with sae, please).
There is usually no charge but the MU needs to keep records of the use of
their members' work. (E-mail for postal address) gmee@freeuk.com
Note, BPI have a condition:
"The names of all instrumental groups, bands, orchestras, choruses,solo artists
and/or performers shall NOT be identified in sub-titles or credits etc."
(Members do not always realise this!)
ROYALTY-FREE music recordings (AKM, Trackline etc) are purchased WITH a licence
to use for almost any purpose. It is advisable to keep the 'licence' / receipt,
to use as evidence of Copyright clearance, if needed at a future time. Perhaps
it would be a good idea to write the details on the disc sleeve...date etc.
=======================================================================
As far as the generated music from computer software goes I suspect it is
in the public domain... so long as it is not used purely as music but is
part of a multimedia production. But I'm no expert on that.
- Dave Watterson
the IAC's Copyright guru:
On the 'Yellow Leaflet' RH/GM Jan 96...IAC Copyright Clearance Schemes
para 5...COPYRIGHT MUSIC-THE MCPS LICENCE
The reference to the number of showings has always been a little vague and
cover.....
"....club premises.....public exhibition (for club funds..charities etc)
...two public exhibitions, annually (in addition)...movie festivals, and
for judging purposes.."
This, as I read it, means ANY reasonable use of the production for NON PROFIT
MAKING purpose (except for club funds/charities) and has always included
the number of shows that members' productions usually appear in.
Once the dubbing licence has been paid it covers ALL productions made in
that 12 month licence period and covers those productions for ever more.
The licence is issued for the DUBBING of the music and, in theory should
be applied for BEFORE the dubbing takes place!!!
The MCPS / BPI licences are issued for use with LIBRARY music, ie. that published
specifically for use in film, radio, stage, radio etc.
These discs are NOT available to the GENERAL PUBLIC. They can be purchased
from the IAC Music Adviser (Richard Curry) at a current price of £10-00 (incl.p&p).
Richard will advise on your selection. richard.curry1@ntlworld.com
If you want to use COMMERCIAL MUSIC ie. that purchased retail from a music
store, then, IN ADDITION to the MCPS / BPI licences, extra permission must
be obtained from the MUSICIANS' UNION. This is by special arrangement between
the IAC and the MU and is only available to IAC members, using the special
application form (from the office OR from Gerald Mee (with sae, please).
There is usually no charge but the MU needs to keep records of the use of
their members' work. (E-mail for postal address) gmee@freeuk.com
Note, BPI have a condition:
"The names of all instrumental groups, bands, orchestras, choruses,solo artists
and/or performers shall NOT be identified in sub-titles or credits etc."
(Members do not always realise this!)
ROYALTY-FREE music recordings (AKM, Trackline etc) are purchased WITH a licence
to use for almost any purpose. It is advisable to keep the 'licence' / receipt,
to use as evidence of Copyright clearance, if needed at a future time. Perhaps
it would be a good idea to write the details on the disc sleeve...date etc.
=======================================================================
As far as the generated music from computer software goes I suspect it is
in the public domain... so long as it is not used purely as music but is
part of a multimedia production. But I'm no expert on that.
- Dave Watterson
-
John New
Re: Music licences
Thanks Dave.
Twice annually answer helps me as it confirms not twice per project's lifetime.
I think I comply with the other rules but must re-read and make sure.
John.
Twice annually answer helps me as it confirms not twice per project's lifetime.
I think I comply with the other rules but must re-read and make sure.
John.