Copyright -- Various Issues

[Bob Costa]

I gotta learn not to post so late at night. While I was trying to say that your commercial project would not stand up to the liberties available in a parody, it sure didn't come out that way. Good thing Paul jumped in with some clarity.

And the only reliable legal advice I give out is to get some. :)

[John Britt]

Real-world example of Paul's #2 example:

http://www.ncac.org/issues/peterkuper.htm

In a 1997 case, in which the O.J. Simpson trial was mocked in a book entitled The Cat NOT in the Hat, styled along the lines of Dr. Seuss, a federal appeals court found an insufficient level of parody to lend protection under fair use. The court held that the authors of The Cat NOT in the Hat merely used Dr. Seuss’ style and the title “to get attention,” but the authors failed to “hold Dr. Seuss’ style up to ridicule.”

The rest of the article is about "A political satire entitled Richie Bush by cartoonist Peter Kuper [...] that has caused several books from a recent shipment to the port of Charleston to be seized by U.S. Customs."

[Jim Quinlan]

Thanks again everyone for taking the time to post your comments and information. It's greatly appreciated. As I mentioned above, we will not proceed until we consult an attorney.

[Kevin Spahr]

Most of the copyright discussions here seem to be centered on using recorded music in a finished product...

Is it violation of copyright laws when you TAPE a cover band (with their permission of course) doing a copyrighted song? (in a bar setting)

What if it's for their own private use?

In the same vein, would it be easier to get the permission to use a copyrighted song done by a cover band from the publisher(s) to put into a commercial product? (maybe permission isn't the right word here)

Does anyone know if the fees would be any lower?

[Paul Tauger]

Is it violation of copyright laws when you TAPE a cover band (with their permission of course) doing a copyrighted song? (in a bar setting)

Yes. It infringes the copyright of the underlying work.

What if it's for their own private use?

Doesn't matter. It's still an unauthorized copy. There might be a fair use argument available depending on what they're doing with the tape.

In the same vein, would it be easier to get the permission to use a copyrighted song done by a cover band from the publisher(s) to put into a commercial product? (maybe permission isn't the right word here)

"License" is the word you're looking for. It depends on the work, the publisher, and commercial product. You might not be able to obtain a license at all.

Does anyone know if the fees would be any lower?

Lower than what? Sorry, but I'm not clear what you're asking.

[Kevin Spahr]

Thanks for the answer, I kind of thought that was the story...

I just want to make sure how things work so I don't do anything that's going to get me in trouble.

I meant to ask if using a version of a song done by someone else would be cheaper and/or easier to use legally than an original recording in a video, but your answer more or less made that a mute point.

A mechanical license, I assume is just for making an audio recording and it's not the only license, permission or fee that would be involved, and then video would be a whole different kettle-o-fish.

I think I will highly value my talented wife and her willingness to provide original music for my little productions!

I also understand why my one friend is hired full time by a small video company to write songs and music for commercial jobs, it must save them a bundle of money, not to mention time!

When CBS does something this INXS band member contest and asks for a demo tape to be submitted, wouldn't this kind of be encouraging copyright infringement?

[Paul Tauger]

<<<-- Originally posted by Kevin Spahr : Thanks for the answer, I kind of thought that was the story...

I just want to make sure how things work so I don't do anything that's going to get me in trouble.

I meant to ask if using a version of a song done by someone else would be cheaper and/or easier to use legally than an original recording in a video, but your answer more or less made that a mute point.

There are two sets of rights that are of concern: (1) the copyright in the underlying musical work and, (2) if you use someone else's recording, the copyright in the recording itself.

A mechanical license, I assume is just for making an audio recording and it's not the only license, permission or fee that would be involved, and then video would be a whole different kettle-o-fish.

That's correct. There are compulsory licenses available for releasing audio recordings of covers, but that wouldn't apply to synchronization issues, i.e. using the cover in a video or film.

I think I will highly value my talented wife and her willingness to provide original music for my little productions!

That's the best way to go (or else license royalty-free libraries, etc.).

I also understand why my one friend is hired full time by a small video company to write songs and music for commercial jobs, it must save them a bundle of money, not to mention time!

When CBS does something this INXS band member contest and asks for a demo tape to be submitted, wouldn't this kind of be encouraging copyright infringement? -->>>

I don't know anything about the context. If CBS owns rights in the music, asking for submissions would result in an implied license. It's also possible that the submissions, though infringing, would come within fair use.

[Kevin Spahr]

Thank so much for clearing things up!

[Jaime Valles]

Hello, all. I'm wondering about fine art and copyright laws. Say I have a scene in a movie that takes place in someone's living room. There's artwork on the walls. Picture frames with paintings and prints on display. They were legitimately bought from the artists, all of whom are still alive.

Is it legal to show the paintings in the movie?

Do they have to give permission/ sign release forms/ etc.?

Or does the fact that I bought the painting make it mine, to use as I please?

I know you can't do this with music, but I'm not positive about fine art on a wall. If anyone knows definitively (any of you legal-types) I'd really appreciate it.

Thanks in advance!

[Richard Alvarez]

Until Paul weighs in, the answer is probably not. Owning the artwork itself, does not necessarily cede the copyright to the artwork to you. The artist usually retains this, unless they have sold it to someone else for instance.

(I have a number of original oil paintings by my friend, Keith Parkinson - the fantasy artist. They are the covers for numerous books and games that I posed for. Even though I own the artwork, and I am IN it, I do not own the copyright.Keith or the publishing house retain those rights)

Having said that, if the artwork is not prominent in the shots, and readily identifiable, it might not be an issue.

If they are prominent... definately a problem.

[Paul Tauger]

Hi, there. I'm in China this week, so I'll be quick.

As usual, Richard has gotten it right.

Including art work protected by copyright in a video or film constitutes unauthorized copying and unauthorized preparation of a derivative work. If you include it so that it is recognizable, i.e. not blurred out to the point where it can't be recognized, you've committed copyright infringement.

Remember, too, that all the standard fair use defenses are available.

Prominence will be relevant only to damages. As long as the copy you've made is substantially similar, you've infringed.

[Jaime Valles]

Thanks Richard and Paul. I'll get to work on figuring out how to blur the paintings (or maybe replace them with other images!).

[Harikrishnan Ponnurangam]

I'm thinking of doing a educational music video using Paris Mambo latino song.
I'm kind of worried about the copyrights should i tell the record label company this is only for educational purposes. I'm not going to sell or get any profit from it. Its purely for educational purposes.

Dan and others,

Please let me know.

regards

[Bob Costa]

It does not matter what you use it for, you need permission. They may give it for free if they believe in the project, but then again maybe not. But you have to get permission or possibly a whole pack of trouble (your choice)..

[Harikrishnan Ponnurangam]

Bob,

Yeah i'm gonna pursue to get permission and then do the project. Should i contact them by a written letter. I haven't done like this before. I don't know where to start.

regards,
Hari