Using music video samples for live performance

[jennih]

Hi, I'd like to explain what we intend to do for our live "X Factor" charity event and see where you feel we lie regarding Copyright issues.

Originally we wanted to call it the X Factor and use the shows music and logos, but after talking to Talkback Thames we got a resounding No (*mutter* cheapskates *mutter* Not willing to help a charity event *mutter*) so even though it is a school amature production, we felt we didn't want to break copyright (especially as there's no grey area after a company says no). What we desided was to rename the event, make our own graphics and use samples of "let me entertain you" by Robbie Williams as the theme tune.

Now our school has the relevant licences to play recorded music, live music and even video/films. (Don't ask me which ones but the Bursur assures me we are covered) but we have to pay a fee for the night (which is already sorted).

Also, as the acts sing we want to play visualisations in the background (not a problem) and crossfade into and out of the music video of the song their singing (assuming it has an appropriate one). This will only be 2 - 3 sec inserts then back to the action.

Where it gets sticky (IMO) is that we'd like to take footage from the night and make a DVD to further make money for charity.

The way I see it that we should be covered for the live performance (not sure how sampling is covered, but if we're ok to play the whole song/video I'm assuming we're ok to play part of it) but the DVD after could be an issue.

Anyone know where we'd stand and what we might have to do to keep this as "kosher" as possible?

[PCProject]

live performance and doing performance stuff in the public domain is one thing and is covered by a venues PRS licence

selling other peoples copyrighted material is another

you would require a release/licence from the copyright holders themselves to sell the DVD legally

[jennih]

live performance and doing performance stuff in the public domain is one thing and is covered by a venues PRS licence

selling other peoples copyrighted material is another

you would require a release/licence from the copyright holders themselves to sell the DVD legally


Thanks for the response.

That's pretty much what I expected but I wantd to be sure I'd at least be ok for the live event.


So for the DVD.
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At the minimum it'd be get premission from Robbie Williams' publisher for the theme and avoid any footage that showed a copyrighted video (or blur the part of the screen showing it through the magic of Videostudio *grin*).

So the only question I need answering is would I need permission from the original artists to sell a DVD with someone else singing their work? (This would be to a backing track, not the original single).

If so then I think it'd be too much work getting premission, but if not the rest is doable...

[robotfunk]

they won't just give permission, you'd have to license the track.

[PCProject]

So the only question I need answering is would I need permission from the original artists to sell a DVD with someone else singing their work? (This would be to a backing track, not the original single).

If so then I think it'd be too much work getting premission, but if not the rest is doable...

minefield

does the publisher hold the copyright or does the artist hold the copyright and only licence the publisher for the release?

or they may very well have some of other type of deal entirely

music business doncha just love it

[zygo]

Publishers normally hold the copyrights.

The artist has little say on what the publisher decides.


It all comes down to what deal the artist signed with their label/publisher. Which in the case of most 'pop' music means they've signed all the rights over.


If you can get permission directly from the artist-it may give you a better chance with the publisher-but at the end of the day (from what I understand) the publisher still holds all the cards.


The way the music business works sucks! I agree copyright holders should have control over their material. But shouldn't the copyright holder (decision maker) be the creator of that material?

[zygo]

If you look at it as a school show.....

Normally say a school was doing Grease they would have to pay a license fee for the show-to be allowed to copy scripts and put on the show with the music. This fee however wouldn't include a DVD release of that same show-futher permissions would have to be got/paid for. Whether thats a straight fee or whether they expect royalties I wouldnt know.

From this understanding you're in a slightly better position-in that you can get away with doing the show-but the DVD is a BIG issue.

[zygo]

On another note-how big is this production? How many DVDs are likely to sell?

If it's insignificant enough you may get away with it.


Does anyone here know what happens if the DVD was to be given away?? Would all the permissions still need to be got? I'm thinking they probably still would-mechanical copyright-but if not maybe it's an option to give them away (and take DONATIONS).

[disassembler]

http://www.blogthetalk.com/uploaded_images/Milli1-717447.jpg

[asterix]

Avoid it altogether and spend your time creating a few nice background clips.

[yogyog]

The only thing to do is avoid filming the screen if you want to sell the videos you record, unless you can set up the light in such a way that your doesn't come out on the video. Your not describing any kind of "ethical sampling" using only short obscure clips but whole, mainstreem music videos.