05-30-2011, 11:36 PM

I have made a short video in FCP of my friends for the purposes of sharing a memory of a day out, and I have used an iTunes track (which I paid for) and which is associated with the memory of the day featured in the video.

It is a non profit video made purely for fun, to entertain and nothing else - however, this doesn't mean I can still legally use it. I have contacted the publishing company but have yet to hear back from them. Do they have bigger fish to fry than to deal with such triviality as a facebook video or will they get back to me when they see fit? It's been four days and I'd like to share it with my friends.

Roughly how much cash are they likely to demand from me to use the track, and will I get any concession/discount being that it's just an amateur facebook video using a bit of a pop song to enhance it?

Does anyone have experience with this?

05-31-2011, 12:20 AM

Your post was moved to the proper forum as it does not belong in "Switcher". Please read forum descriptions prior to posting. Thanks.

05-31-2011, 02:39 AM

How much of the song are you using in the video?

05-31-2011, 05:41 AM

About half of it, I've chopped the middle chorus out so it fits the video.

05-31-2011, 08:45 AM

Here's the thing. Copyright + Internet is crazy, both in the attempt to enforce and to get around. There is the school of thought of "once it hits the internet, it is fair game" and then the other "if you use even 3 notes or 6 pixels of my work I will sue until your great grandchildren are paying mine." Both are wrong.

If you REALLY need the song, and cant come up with something simple in Garage Band, then all you should need to do is go to the band's website and get the contact information. Do the following:
1. Put the video somewhere private that you can control the access.
2. Write up a business proposal naming all the NPO information and reasons for using their song. This should include the final publication location of the video.
3. Send the owners of the song a letter/email with links to the video as well as how to gain access.
4. Wait.

Now, if you are not an NPO, don't be surprised if you are put on the back burner. If you go on and use the video, after requesting permission and not getting it, expect problems. For personal videos, realistically, there should be no problem to throw it together and put it on FB, provided you give reference back to the owner of the song.

I see both sides of the coin, being a semi-pro photographer and cinematographer. I put hells of work into my productions and post-processing. I also don't release anything on the internet large enough to be used by someone else. I have used songs out of my itunes as well, some with permission (for profit) and some without (personal projects) and I have had few issues.

Contacting them was a good step. Most don't even do that. Be patient.

05-31-2011, 09:10 AM

Give details as to who the song is by, and it is free advertising.
Only a scumbag would sue you, and anyone wise or wealthy enough would see it as promotion!
Given that, I would not only take it as free advertising, I would take it as high praise

05-31-2011, 09:15 AM

Originally Posted by 6string

Only a scumbag would sue you, and anyone wise or wealthy enough would see it as promotion!

Heh, you have heard of RIAA, right?

05-31-2011, 09:18 AM

Originally Posted by Deckyon

Heh, you have heard of RIAA, right?

And your point would be?

05-31-2011, 09:29 AM

It was in reference to the quote I had from you about scumbags. RIAA is the music agency who went after the grandma in Florida who's grandkids downloaded a bunch of music. Among other mundane people they have also chased into bankruptcy.

You got defensive awfully quick... To someone who was pointing out something that matched your own statement... Do you work for RIAA?

05-31-2011, 09:30 AM

Originally Posted by 6string

Give details as to who the song is by, and it is free advertising.
Only a scumbag would sue you, and anyone wise or wealthy enough would see it as promotion!
Given that, I would not only take it as free advertising, I would take it as high praise

Unfortunately, that's very bad advice under US Law. RIAA certainly doesn't agree that that position, and it's probably not best to tempt them.

05-31-2011, 09:33 AM

I'm not a lawyer by any means but I would imagine that the answer to this question would depend on the jurisdiction that you live in. I also don't know how much the notion of fair use will apply here (if at all). I'll have to leave this to the lawyers.

05-31-2011, 09:58 AM

hehehe... it's all about litigation in the states hey?

I still stand by my post, and if it were me, I'd happily let whoever it is take me to court!
What am I going to get sued for? ...profits, what profits? Posting a clip with a song that promoted someone else's music to which if any financial gain may have come, it went to the artist?
Seriously guys!

05-31-2011, 10:04 AM

It is pretty much all about litigation here, that drives most of America lol.

But regardless of our personal opinions, and I think you'd find most of us would agree with you (I know I do), the trouble is because of how litigious the RIAA is here, it's reckless to advise people to break copyright law in the US.

05-31-2011, 10:13 AM

Ok... for future reference.... If I ever write a song that anyone wants to use for a video to post to the WWW (world wide web), please feel free to do so!
If you say Kane was the artist who wrote/performed the song, I thank you kindly

As for the above, not so much that I was advising the OP, but I certainly was suggesting that it is what I would do

Sue me! hehe

To the OP, if you want any of my songs, just say the word

05-31-2011, 10:43 AM

Originally Posted by Deckyon

Heh, you have heard of RIAA, right?

Originally Posted by 6string

And your point would be?

Originally Posted by Deckyon

It was in reference to the quote I had from you about scumbags. RIAA is the music agency who went after the grandma in Florida who's grandkids downloaded a bunch of music. Among other mundane people they have also chased into bankruptcy.

You got defensive awfully quick... To someone who was pointing out something that matched your own statement... Do you work for RIAA?

I really did not understand your point where you quoted me in the first post... there was no defensive going on there, so, sorry for any misunderstanding.
I had to google the RIAA and all the crud connected to them