August 14th, 2009 at 12:41am
Under music copyright
Music has always been a huge part of human lives. It is sang to us when we are babies as lullabies; it is used to help us remember important things while we are growing up, like the alphabet song; and music is used to help us celebrate and commemorate important events in our lives such as weddings and funerals. Because of the popularity of music, it is no surprise that there are more and more uses for music in films and other media outlets. Production music libraries have come into being for the sole purpose of providing music to producers in these venues.Production music libraries are licensed to provide music for those consumers who want or need music for soundtrack scores, television, radio and other public outlets. A big plus for the production music libraries is that they own all of the copyrights to the music contained within their libraries, allowing them to license it without the permission of the composers. This allows media producers to purchase music at a reasonable price, making the libraries very convenient indeed.The range of music that is available in production music libraries enables consumers the ability to find multiple types of music within a single library. This prevents a consumer from searching several libraries for the songs that are needed for a single project. The libraries also can vary in size with some having only a few hundred tracks to others that have several thousand tracks available to producers and consumers alike. The music in production music libraries is also extremely affordable. There are packages that allow consumers to purchase a few songs to packages that allow producers to purchase a multitude of songs. Having different packages available, makes it a very worthwhile expense when one is trying to save money on production costs. Production music libraries are a great way for television and film producers to obtain the music that they require for the musical scores. They are also great venues for producers to find music that are in the media outlets, such as the radio. That music is available at reasonable rates, making it very affordable to purchase both large numbers of songs and only a few at a time. Most of the libraries have a large number of tracks, making it easy for the consumer or producer to find and purchase all of the songs that they need for their project.
By Copyright Law
August 3rd, 2009 at 12:39am
Under copyright infringement
You’ve just gotten married, and are traveling the world with your new spouse on your honeymoon. A good friend who filmed the wedding and reception has just finished putting together the footage. He has posted it on YouTube so you both can relive your wedding day on your honeymoon.
The video is wonderful. It illuminates several moments you’d missed in the excitement of the day. Your friend has even included your song, Endless Love, as the background music for the video.
After the honeymoon, as you unpack the doorbell rings. Opening the door you find a man asking for your signature for a package. You think, “Which aunt or uncle must be sending money”? When the deliveryman smiles, hands you the package and says, “You’ve been served.” you are surprise and horrified.
Confused, you tear the package open to find a lawsuit for $10,000 for copyright infringement. You wonder to yourself–could this be right? How did I infringe any copyrights? Out of curiosity you scan the pages of the lawsuit for a logical explanation. Then you find it: “the illegal use of Endless Love by Lionel Ritchie and Diana Ross in your wedding video posted on YouTube”.
With all the attention YouTube has gotten from the Viacom lawsuit for $1 billion for unauthorized distribution and infringe of copyright laws, everyone has overlooked a possible next wave of lawsuits to come. Those are for the vast majority of online videos that are made by small home videographers who have included music in their videos that has not been licensed for use.
Typically music publishers and record labels have turned a blind eye to home and wedding videographers who produce their own work. Shared with an audience of usually less then 10 close personal friends and family, these home videographers have all but been ignored for years. This was before sites like You Tube, Google Video, ChickShack, AsSeenInVT and a handful of others began creating an outlet for anyone with a video camera. Now home videographers need to be warned. You may soon find yourself involved in lawsuits for illegal use of a copyrighted protected musical recording, the fines for which could be in excess of $15,000 per song.Remember how fiercely the recording industry went after everyone from children to old ladies who downloaded songs from sites like Napster? It may be only a matter of time until they start going after videographers in the same manner.
Most home videographers are unaware of the limitations on using copyright protected music. The vast number of home Videographers wrongly assume that they can synchronize or place any music they want in their video production. In the past, a small home and wedding Videographer would usually get away with this. The problem is these wannabee Quentin Tarantino’s have now begun distributing their productions to more then just a few friends and family. A video loaded online has the potential market of hundreds of thousands, or even millions, of viewers, and if you’ve created something popular using YouTube, you may be the next victim.
Local TV stations in America can pay tens of thousands of dollars for licensing music for their stations. This price can go into the millions if they desire to use popular artists songs.
For Videographers who have uploaded productions onto sites like YouTube and are now nervous, let me educate you a bit on how licensing works.
Simply put, copyright laws state that any music under copyright protection may not be used for any kind of video production, media presentation, websites, etc–that is, without approval from the copyright owner. Several types of licenses are usually required. These may include some or all of the following: Synchronization, Performance and Master licenses.
Now before you stress over the fact that no one will see your masterpiece or that big the bad RIAA is coming to get you — there is a solution. First, you must remove the copyrighted music you have in your videos. Then you have the option to either write your own music for your video (most of us are not musically creative enough to go this route); or license music from an Online Production Music Library.
Online Production Music Libraries typically lease music from their catalogs on either an individual per use basis, called a drop, or blanket licenses that will cover an entire project. The advantages of online production music libraries are the scope, depth and breadth of the catalogs. Pricing ranges greatly, depending on many variables.
Most production libraries do not create music specifically for amateur videographers, but Recently, an L.A. based production music library called TunEdge Music announced it would give special licensing for web distribution. TunEdge Music is providing access to their online catalog and for a reasonable fee their music can be licensed specifically for online creations.
This article was coauthored by Mike Bradbury and Joel Thatcher. Joel is a senior employee of Tunedge Production Music. Tunedge provides
production music solutions for professionals and amateurs alike through an online interface. Mike is an analyst for Objectware, Inc, an
Atlanta web design company.
http://www.producertoday.com;Music Producers
By Copyright Law
July 27th, 2009 at 12:42pm
Under music copyright
When it comes to downloading music off of the internet, consumers are more than likely downloading illegal music and can face a heavy fine or even a possible jail term for the act. Sharing music has become a norm when it comes to the music industry and to combat against it, the industry is starting to realize that they need a better way of enforcing the rules and legislation about music. Just because a song or piece of music comes from a certain website, does not necessarily mean that they have the complete licensing for that song or music which means that the music is more than likely a pirated copy. Music licensing is a way for the artists to profit from their music and when it is shared illegally they do not profit. The internet has made piracy a very real threat to music because it is very easy to download and share with others. To combat against peer-to-peer (P2P) sharing there has come about a revolutionized plan that takes into consideration all the ways that will benefit both the artist and the music fans. Voluntary Collective Licensing of Music File Sharing will help to get artists paid for their music and will legalize the way that fans are already downloading and sharing the music that they enjoy. The way that this will work is that several “collecting societies” will be formed and each society will charge a small, reasonable fee for users to legally download and share music. The money that is paid for the music-sharing ability will be distributed among the artists according to the popularity of their music. The Voluntary Collective Licensing of Music File Sharing has several advantages that will benefit both the artists and the music fans. The biggest advantage to artists and the copyright holders is that they will get paid for their music, instead of suffering losses because their music is being shared and downloaded illegally. It will also keep the involvement of the government to a minimum; the government won’t have cases and rulings to constantly battle because the music industry is constantly being pirated. And since the music can be downloaded and shared across all the different platforms that are available, new technology will be able to improve the existing platforms or make new ones without fear of the repercussions that were involved when it was illegal to download music. This movement will also be a huge asset to independent artists because they will not have to rely on having to get a major label to put their music out in the public. Independent artists can choose either a collecting society or a major label and get paid either way that they decide to go. When it comes to laws regarding the copyright of music there have been many rulings passed down, but it has not stopped the illegal sharing of music among fans. To combat this, the music industry has come up with the Voluntary Collective Licensing of Music File Sharing which will enable fans to continue to do what they have always been doing, by making it legal. This will allow the fans to rest easier because they will not be pirating music and the artists will benefit because they will be paid for their songs that are downloaded off the internet.
By Copyright Law
July 17th, 2009 at 12:42pm
Under music copyright
In the connected world, where businesses pop up like dandelions and anyone with a computer can upload video, audio and text-based content to be shared across the web, it is of growing importance to understand the potential legal ramifications associated with these technical advancements.
Most internet businesses make use of some sort of rich media on their websites such as video or music. What most don’t realize is that even the smallest S-Corp can find itself in hot water if it doesn’t understand the basics.
The intent of this article is to focus on the use of production music (music on your website) and the ways you can protect your business or yourself from copyright infringement.What is production music?
Production music is music intended for use in connection with films, corporate videos, Television shows, commercials, Internet video, multimedia and any other form of media that requires music.
If you’ve ever listened to an advertisement on the radio, watched an infomercial, or heard menu music on a video game, then you have probably heard production music.
Production music libraries cover a multitude of genres, providing music for most tastes at varying levels of quality. Traditionally, production music comes in shorter lengths. These lengths are normally 30 seconds, 60 seconds and 90 seconds.
Production music also comes in different variations known as full and reduced versions. Reduced versions are identical to full versions with the exception of one or possibly two of the main instruments having been removed.Who uses production music?
Production music is most widely used by industry experts like; video editors, producers, music supervisors, videographers, and creative directors. Although increasingly, it is being used by relative amateurs for websites, podcasts, streaming video and more.How do I Get a License?
Something called a Synchronization License or Sync License must be obtained for the music in question before it can be utilized in any audiovisual production, such as a motion picture, television program, television commercial, video production, or website.
Sync Licenses come in different shapes and sizes. Two of the most popular are a Drop License and Blanket License. They are most commonly made available by production music publishers such as Slynth (www.slynth.com).How do I get a Sync License?
Production music publishers will usually license music on what is called a needle drop (a.k.a Drop License) or a Blanket License.
A needle drop or Drop License is a license that requires payment for individual songs. The prices for each song vary depending on the type of production in which the song is being used. The rule of thumb when pricing Drop Licenses is – the larger the audience, the higher the price. (Rate cards can be requested with Drop Licenses.)
A Blanket license is a license that affords a user either a set number of music selections or unlimited use of music selections in any given production. The distinction between a blanket and drop license is a drop is issued for one song, a blanket for many. Obtaining a blanket license involves dozens of variables, so it usually requires some negotiation. Venues such as radio stations or night clubs will often require blanket licenses.Is A Sync License the Same as a Performance License (Permission from the Musician)?
Unfortunately, no it isn’t. Obtaining a Sync License doesn’t absolve you from getting legal permission from the artist. And, seeing as musicians aren’t known for their knowledge of the legal system, you might imagine that obtaining such a license would be rather difficult. In actuality, the opposite is the case.
The reason for the relative ease of obtaining a Performance License is most musicians are represented by one of two agencies or “performance right societies” that handle the legal jargon. These societies manage the right of performers and see to it that artists get paid when you play their songs in a “public” venue.
Performance rights societies such as ASCAP, BMI and SESAC collect monies for composers and publishers. These societies handle Performance Licenses and should be consulted before you publish any finalized work. Who needs a performance license?
Anyone who uses copyrighted music in a public place including radio and television stations and/or their networks; all new media, like the Internet and mobile technologies such as ringbacks and ringtones; satellite services like XM and Sirius; discos, nightclubs, bars, restaurants, hotels, and other venues. This includes digital jukeboxes and live concerts. All should obtain a performance license.What happens if I don’t have a performance license?
Production music users are in danger of copyright infringement without a license from a performing rights organization. If you’re an individual with a small audience and no real money (ie you’re not a business), then you are at lower risk of having suit brought against you for copyright infringement.
However, if you’re an individual with a large audience or you’re a business or organization and you fail to obtain the proper licensing, be prepared to hire a lawyer.
The basic rule of thumb with rich media on your website is this: If you’re going to use audio without a license, make sure no one sees it. This may be a difficult rule for most webmasters to cope with, as the purpose of internet businesses is to be seen. Remember the best choice, if you have a large enough audience, is to be safe and purchase the required licenses.
This article was coauthored by Mike Bradbury and Joel Thatcher. Joel is a senior employee of
Tunedge Production Music. Tunedge provides production music solutions for professionals and amateurs alike through an online interface. Mike is an analyst for Objectware, Inc, a
Washington DC web design company.
http://lunaticstudios.com/software/;Free Wordpress Plugins
By Copyright Law
July 13th, 2009 at 12:42am
Under music copyright
If you want to use music for your website, in multimedia or traditional media productions you need to know about music licensing. Website designers, video makers, TV show producers and all other creative artists are constantly looking for music in their productions.
It’s important to understand what copyright means, how it applies to music, and how you can obtain the rights to use music for your production. Terms such as “royalty-free music” and “synchronization licensing” get tossed around loosely, and this adds to the confusion. Hopefully this mini-tutorial will shed some light on this.
A Tale Of Two Copyrights: Composition And Master
Copyright is intellectual property. If you own the copyright to something, it means, quite simply, that you have the right to decide who can make a copy. Copyright is the right to copy. Obviously it’s more complex than that but we’ll keep it basic for now.
In terms of music, the key thing to understand is that each recording of music actually includes two distinct copyrights:
1. The copyright in the song itself, or the musical composition, or simply the Composition. This means the rights in the words and music of a song, and is often referred to as the ‘Publishing’ rights. Think of an old-school songwriter sitting at a piano, writing music and lyrics to a song. That song exists before it is recorded. Often musicians (especially in electronic music and hip hop) have a hard time grasping this distinction because they write music while they are producing it – sitting at their computer. Copyright is formed when you write a song, by virtue of the fact that it is new and original and takes a graphic form, such as writing down the lyrics or doing a demo. The copyright in this Composition is owned by whoever wrote it.
2. The copyright in a sound recording, also known as the Master. The Master is a Recording of a Composition. The copyright to the Master is owned by whoever produced it. Often this is a record company. To illustrate this, think of a famous song such as “Georgia on my Mind”. Each record company that produces a version of that song owns their own recording (the Master), but the fundamental rights to the composition remain with the original composer, who owns the Composition – the copyright of the song itself.
Synchronization And Master Use Licenses
Normally, since there are two copyrights involved, two licenses need to be issued to make use of a recorded song:
1. Synchronization License: gives you the right to ’synchronize’ the Composition with images or voice-over in your production.
2. Master Use License: this is exactly the same rights as the synchronization license, except it applies to the Master, the actual recorded interpretation of the musical composition.
Since the composer usually owns the Composition and the record company owns the Master, two different negotiations often have to take place, with two different contracts, for a song to be used in a Production. This can lead to complicated and time-consuming negotiations.
If a single company owns or controls the rights to both the Master and the Composition, this is called a One-Stop-Shop. This means that the company can sign both the Synchronization license and the Master Use license, which is less complicated and more attractive from the point of view of a website designer, an audio-visual show producer – or anyone who needs production music.
Most royalty free music libraries are such One-Stop-Shops since they control both the Master and the Compositions of the music on their website. Purchasing royalty free music means that once you have paid the one-time fee, you can use that music as many times as you want for as long as you want without ever having to pay additional money to the licensor.
It does not matter if one visitor or 100,000 visitors come to your website; or if the music is used for 3 months or 3 years – the purchase fee is exactly the same. If a piece of royalty-free music is purchased for use on a TV show, there is only the one-time fee, it doesn’t matter if the show is presented 5 times or 1,000 times. The TV show producer will never have to pay any additional fee for the music. This saves time and considerable expense.
Royalty free music does not mean however that anyone gives up their copyrights or their rights to administer a song. For instance, if you purchase a music license for a film project which goes on TV, the composer can still collect public performance royalties for the TV performance since these are paid by the broadcaster,and not by you the producer. The music may be offered on a royalty free basis but is not copyright free. The music composer and the publisher remain the copyright owners.
We hope this short article helps you understand the basics of music licensing.
Gilles Arbour is one of the partners at
www.premiumbeat.com a
Royalty Free Music Library. Premium quality affordable production music – 100% Copyright Clear. Music downloads instantly available. Easy simple music licensing.
http://smartphony.net/;Smartphone Software
By Copyright Law