Would i get sued??
Re: Would i get sued??
Disclaimer: This is not intended as legal advice but just my personal opinion based on the facts presented.
Personally, I wouldn't do it because you never know who's hands your vid is going to get to once its sold. Who wants to take a chance for a couple hundred to a thousand vids, when your teams rep is on the line, the industry's rep is on the line and MORE IMPORTANTLY all this good stuff:
Copyright INFRINGEMENT of protected music can result in:
1- an injunction (meaning they can and will stop your sale, production, etc.); AND
2- seizure of your vids (goodbye hard work); AND
3- JAIL TIME depending on the retail value of the vids you sell, and we're talking years in a federal prison because this is US Const.Law we're talking about, not your local badoonkydook state law (which may also have penalties separate and apart from US law); AND
4- statutory fines up the wazoo (thousands, if not millions depending on how much the Court feels you screwed the artists over); AND
5- civil penalities up the wazoo; AND
6- my personal favorite, attorney fees (if you lose, you maybe forced to pay for both your own and whoever sues you; BTW, private attorneys ain't cheap).
(Even sampling a riff, section of music, like the beat...can result in copyright infringement).
But don't fret, there are other "legal" choices:
1- go small time and find artists who still own and control the rights to their "original", and i do mean original... music and write up a contract for the release of the music for credit in the video or cash, or watever; or
2- get music clearance for big name artists from the publisher (not the artist) that OWNS the rights to the music (that means you contact the publisher/label, don't send a myspace note to 50 cent asking for permission cuz it ain't gonna fly);
3- use music no longer protected, but here's the catch-22, you gotta make sure the music is in the public domain, usually its 50 years after the song/ composition is published... but who wants to use mozart as their theme song...lol. I still think mozart is pretty fly music.
There are organizations out there that offer "music clearance" for a fee. Google it. You can also do it the hard way and write each of the labels/publishers requesting permission. Just because you send the letter in doesn't mean you have authorization to use the song, you need ACTUAL consent for "synchronizing" to footage.
Hope this was sorta helpful.
Personally, I wouldn't do it because you never know who's hands your vid is going to get to once its sold. Who wants to take a chance for a couple hundred to a thousand vids, when your teams rep is on the line, the industry's rep is on the line and MORE IMPORTANTLY all this good stuff:
Copyright INFRINGEMENT of protected music can result in:
1- an injunction (meaning they can and will stop your sale, production, etc.); AND
2- seizure of your vids (goodbye hard work); AND
3- JAIL TIME depending on the retail value of the vids you sell, and we're talking years in a federal prison because this is US Const.Law we're talking about, not your local badoonkydook state law (which may also have penalties separate and apart from US law); AND
4- statutory fines up the wazoo (thousands, if not millions depending on how much the Court feels you screwed the artists over); AND
5- civil penalities up the wazoo; AND
6- my personal favorite, attorney fees (if you lose, you maybe forced to pay for both your own and whoever sues you; BTW, private attorneys ain't cheap).
(Even sampling a riff, section of music, like the beat...can result in copyright infringement).
But don't fret, there are other "legal" choices:
1- go small time and find artists who still own and control the rights to their "original", and i do mean original... music and write up a contract for the release of the music for credit in the video or cash, or watever; or
2- get music clearance for big name artists from the publisher (not the artist) that OWNS the rights to the music (that means you contact the publisher/label, don't send a myspace note to 50 cent asking for permission cuz it ain't gonna fly);
3- use music no longer protected, but here's the catch-22, you gotta make sure the music is in the public domain, usually its 50 years after the song/ composition is published... but who wants to use mozart as their theme song...lol. I still think mozart is pretty fly music.
There are organizations out there that offer "music clearance" for a fee. Google it. You can also do it the hard way and write each of the labels/publishers requesting permission. Just because you send the letter in doesn't mean you have authorization to use the song, you need ACTUAL consent for "synchronizing" to footage.
Hope this was sorta helpful.
Re: Would i get sued??
An easy way to make music that sounds not to bad if you are creative enough is to get Music Software that creates music. Honestly, it's so eas to lay down music on a computer. If you want lyrics, well then that's another story, but if all you want is a beat then you can make it reallllllly easy. Even Playstation has one out and you can record it easy.
Re: Would i get sued??
Yes you can get sued!! but you will have to sell enuff videos for them to come after you! but dont take the chance!!!! you can buy the rights for say one song, to use in one movie for $100 to $1500 depending on the song!! do it right cuz you movie may be the next big thing and if they sue you they can get ALL the $$$$ you make off it + some !!!!!!
or just ask we had the ok to use "36 crazyfists" stuff in our last 2 movies and all we did is ask!
or just ask we had the ok to use "36 crazyfists" stuff in our last 2 movies and all we did is ask!
Last edited by thehate.; Jan 25, 2007 at 01:48 PM.
Re: Would i get sued??
there are some underground bands out there that are the ****, i'm talking wayy better than the popular stuff, i'm not sure if its because they didnt hit it big yet or if its because they dont wanna ever be famous, kinda like how some want stuntriding to stay underground and there are people hiding below the radar from oklahoma that will destroy some of the top competition riders, lol, ok maybe i'm exxagerating but local bands are the **** and easy to talk to and get privileges so......
Re: Would i get sued??
Have a DJ mix up the music...scratch here and a scratch there.....and just do his own thing.....Than its his music, his talented DJ skills that are on the DVD..and you get him to sign some paper work stating he is the sol creator of the music. Than your good. Thats what we do here in NY....There is a certain amount of time you have can play a song before you have to pay royalty. Like 3 seconds before that time comes, just blend in another song...
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