IAC DISCUSSION FORUMS

Someone is paying me to produce a new video from two older videos and he wants
to use a sound track called "Proud" by M People, Heather Small.

Is that legal?

He will use my video in a huge business meeting.

The other thing that bothers me is that I'm using another company's videos.
There were no circled c or copyright notices on the videos or the tapes or
boxes. Still, a lot of money was paid for them.

Is it legal for me to remake them into something a little different for my
client who paid another company for them in the first place?


Thanks for your ideas on this.

Michael Carter

Someone is paying me to produce a new video from two older videos and he
wants
to use a sound track called "Proud" by M People, Heather Small.

Is that legal?

This could be a minefield and I am no lawyer ... but...

IF the client bought copyright in the other videos, which is quite usual
if she or he actually comissioned them in the first place, then they can
do what they want with them.

IF the other tapes were not commissioned by the client but the purchase price
included rights to copy and amend them, which is fairly unusual, there would
be no problem.

OTHERWISE I think the client should obtain permission from the makers of
the original movies.

The music clearance can be done in the usual way by approaching the Musicians'
Union and explaining the purpose to which the song will be put. They will
figure out an appropriate fee.

He will use my video in a huge business meeting.

Right - so no privacy there. Any copyright violation would be seen and probably
noted.

The other thing that bothers me is that I'm using another company's videos.
There were no circled c or copyright notices on the videos or the tapes
or
boxes. Still, a lot of money was paid for them.

In Britain copyright exists automatically and you do not have to put any
special symbol or note on work. It belongs to the creator of the piece -
or if they were specifically commissioned by someone else copyright usually
belongs to that person. I think that in the USA and some other countries
you do have to put a copyright symbol on works of art etc.

Is it legal for me to remake them into something a little different for
my
client who paid another company for them in the first place?

I think it MIGHT be IF the client owns the video rights and you can get song
clearance. But I think you would be wise to ask for some statement in writing
that x is the copright holder and x agrees to the new use. If there should
be a court case, guess who would be in the dock and whose corporate video
business might be bankrupted.

It sounds a bit iffy to be frank ...


Dave (Don't Sue Me) Watterson

"Michael Carter" <forums@theiac.org.uk> wrote:

Someone is paying me to produce a new video from two older videos and he
wants
to use a sound track called "Proud" by M People, Heather Small.

Is that legal?

He will use my video in a huge business meeting.

The other thing that bothers me is that I'm using another company's videos.
There were no circled c or copyright notices on the videos or the tapes
or
boxes. Still, a lot of money was paid for them.

Is it legal for me to remake them into something a little different for
my
client who paid another company for them in the first place?


Thanks for your ideas on this.

Michael Carter

I am involved in the very same type of dilema right now. Having for the
last 30 years used music as an important (vital) ingrediant in my films I
am becoming worried that the IAC Copyright scheme behind which I have sheltered,
may not be sufficient in this litigious world. I have fond a few enterprising
souls who have advertised on this very site, their skills as composers of
music for individual films. I also met people from various organisations
who supply music and FX to the professional world and they have an enormous
range of specially written and performed music by really good composers.
You can clear music from a multitude of discs for a complete production
for world wide use for a not unreasonable fee but if the film is broadcast
or used for making money they have to extend the license.
All very involved and we amateurs may be "getting our knickers in a twist"
over something that the copyright holders may not really be concerned about,
so limited is the exposure for most of the films made. Whenever I have had
to ask permission to use an excerpt, for instance, of a TV broadcast I was
told "no problem provided it is not re broadcast". The lawyers who asked
the question charged a fortune!!

Michael Slowe.