Copyrighted Music What's the deal?

I see all these listing videos with copyrighted music. The fees to license are huge so I know that this music is being used without permission. 

Question to the filmmakers.  Can you explain what the thought is behind using non royalty free music?

I am not a filmmaker, just a RE agent with a video hobby and I have figured out how to use royalty free music effectively and inexpensively.  If I hired a filmaker who ignored copyright issues, that filmmaker could put me at serious risk of a lawsuit.

Hi Ted,

I use royalty free music as well on my listing videos. I paid a nominal one-time fee and I use the same music over and over for branding reasons. You are right to make sure any music used in your project is not going to get you into copyright problems.

Peter,

Same here, just interesting to see on the highest rated section of Wellcomemat two listing videos with copyrighted music tracks.

Ted,

This thread reminds me of a story from 2 years ago.  I Googled the topic and see now that she seems to have sued back under fair use.  She had a 30-second video clip of her toddler bouncing / walking behind a toy walker to Prince's "Let's Go Crazy" song.  Did this mom intend to capitalize (for economic gain) on the use of that 30-second audio clip, I highly doubt it.  A barely discernable 30-second audio clip by this mom for family & friends to watch for fun, I side with the mom.  

A "professional" videographer / filmmaker should know better who is being paid to produce a video tour or anything else for compensation ... and even if for free with or without attribution to him/herself or their company as the video creator ... should know better.   

The internet really is a "small world" ... and you really don't know who might end up seeing it and objecting to it enough to drag you into a legal spat of one degree or another.  I agree with Peter, it's not worth the risk/gamble.

1. Mother sued over son dancing to a Prince song on you tube

   Jul 21, 2008 ... Mother sued over son dancing to a Prince song on you tube ... For the Pennsylvania mom Stephanie Lenz, a closely watched copyright showdown ...
   www.dvdnextcopysupportforum.com/showthread.php?t=4898 - Cached

2. Mom continues to chase Prince over 'fair use' | Digital Media ...

   His label has backed down, and now it's Lenz suing the artist for violating her rights. ... Mom continues to chase Prince over 'fair use'. by Greg Sandoval ...
   news.cnet.com/8301-1023_3-9994345-93.html - Cached

3. Mom takes on Prince over YouTube video - CTV News

   Oct 27, 2007 ... Mom takes on Prince over YouTube video ... So, she's taking a stand and is suing Universal Music. "The more afraid I got, the angrier I got ...
   www.ctv.ca/servlet/ArticleNews/story/.../prince_sues.../20071027 - Cached

Good posts so far... another issue: Google already has technology in development for audio search (voice search is already in Beta, but they're talking COMPLETE audio search...).  Audio search would allow music publishers to use Google's spiders to scour the internet for music licensing infractions, and that is REALLY bad news for people using it illegally.

The likelihood of actually being sued over this has always been very very low risk, BUT with the internet and development of technology, not only is it easier to copy music, it's also going to get easier to find the copiers.

Just as I don't want people copying my productions, music producers don't want to lose money from people using their music illegally.  Some people think classical music is in the public domain, BUT the RECORDING of that music is not: it belongs to the artist.  Just because it's Pachelbel's Canon doesn't mean you're safe.

I actually have a deal with a local musician here in Utah to use all of his original compositions which he own's the recording rights to, in exchange for all the advertising I do for him in those videos (he has a little credit with his URL at the end of every video using his stuff, nearing 18,000 video views now in just 9 months).  This can be a good option-- find someone local with good music and use their stuff.  The other option is royalty-free, which I do on occasion when my local artist library just doesn't fit.

If anyone wants to talk to a really good intellectual property attorney, I highly recommend mine: he's a genius (and he can help you navigate fair use, parody, etc.)-- excellent resource for any business owner, but especially for video producers.

I've been using  Jamendo - http://pro.jamendo.com/en/product/licensing/offer

You and/or your clients do not have to pay any performance rights fees (to ASCAP, PRS, BMI, BUMA, etc.) because the Jamendo PRO catalog is entirely composed of artists who are not members of any of these organizations. Once you have made your purchase, you will receive a Jamendo PRO license sheet that you can present to the representatives of your local performance rights organization in the event of an inspection. It proves you are exempt from performance rights fees.

The prices of Jamendo PRO licenses vary according to the specifics of your project: distribution (local, national, international, online), global budget of your project, CD/DVD pressing, etc.
 

Check them out, the artist get their cut too :)

We use only royalty free music clips.  Could use some new "songs"  and will check out jamendo.  Dustin - looks like you got a good fit for barter.  We have wondered about old classics, does the newer symphony have a copyright on the old pieces played by them?

Even old recordings are not part of the public domain.  You can thank companies like Disney for that.  Mickey mouse is old enough to become public domain, but the protections keep getting extended by our government.  Interesting how most of Disney's sucess is from repackaging public domain fairy tales. 

The Song "Happy Birthday" is copyrighted.  Can't sign it in public.  That is why many resturants have variations of the song.

Interesting Ted,  Never thought of Happy Birthday as being copyrighted!  Thanks for the input

RE:  "That is why many resturants have variations of the song." 

After hearing and participating in the "Happy Birthday" song so many times from childhood on ... you could look at all these restaurants doing their own version and think they were just "trying to be different" by adding humor and/or livening it up to not be so boring ... so as to possibly make the experience a bit more memorable to the person "being sung to". 

Your explanation about it being related to copyrights is not just more interesting but makes as much if not more sense ... from a business sense.

Here is the whole story on the Happy Birthday Copyright  http://www.snopes.com/music/songs/birthday.asp

 Ted - I have used 'SmartSound Maestro' for some of my songs allowing me to make the track to whatever length I need.  I'm also playing around (and trying to learn) Apple's 'GarageBand'.  I'm also a REALTOR® with the video hobby.

Terri

I have pretty much scanned every source for royalty free music.  I have some money invested. Found a few tracks in iTunes.  I use garage band to make loops longer.  Also iStock Photo has audio track ranging from 5-25 credits.  I usually google up a coupon code for a discount on credits.  I use the photos all the time for my blog.  iMovie has a good base of tracks to use as well.

I watched the video of your condo/penthouse listing.  Great work!  I liked it.

Ted,

I haven't used iStock Photo...I guess I should check them out.  Yes, iMovie and GarageBand seem to have the same tracks/loops available so that's helpful.

Thanks for watching the condo video.  Always challenging to do a small condo...that's why I had to throw in the neighborhood portion of it...create an environment around the condo!  I watched your video and I like your appearance in it.  You did a great job! 

Smartsound with Sonicfire Pro, have been the most versatile applications I have used for royalty free music… no Middi files here. The library is extensive, and when using Sonicfire Pro, I can target my music with “Mood Mapping.” Length adjustment is simple and the app automatically creates an intro and an outro for each song when I output music, plus I have the option to choose different variations of the same song. I even have a timing control to time the tempo perfectly with my presentation, and for those MAC-Addicts, they have a version for FCP. They have great video tuts and demos on their site at smartsound.com or youtube. Check em out, I think you’ll be pleased

Smartsound. com - SonicFire Pro = the Bomb.

What R. Lee said. Cheap, flexible, easy workflow. I'm currently in negotiations with them for 3 titles @  +10,000 uses each and even at that usage level they can't be beat.

Tell Kevin I sent you.

Cheers

Currently you can get various CDs for free + $8.95 s&h.  Each CD includes 10 "songs" each in various lengths (15, 30, 60, 120 seconds).  This company also offers other video and music royalty free.

http://www.footagefirm.com/freeproductionmusicnonav.html?utm_source=SFFGroup5MusicReminder&utm_medium=email&utm_campaign=SFFGroup5MusicReminder

 For Real Estate videos I only use Smartsound.  Why would you want a recognizable song playing in the background? The house should be the focus not the music.  However for other videos posted to Youtube I use copyrighted music all the time.  It seems a lot of artist are getting their music sold  because it is being heard on Youtube so they don't block the usage.  So far the only song I have had denied is "Centerfield"

If you don't have Smartsound this is another good source.  http://freeplaymusic.com/

I've had clients in the past ask if I would put a specific song in the background and of course, I've had to explain to them that due to royalties, etc...no I could not.