music license question at DVinfo.net

Bill Busby · October 24th, 2011, 04:13 PM

I wasn't sure which category to post this in and I should know this answer to this question but I don't, so here I am.

If I was to cut promo pieces for clients for the purpose of them posting it on their web sites, who should be responsible for acquiring the music license/rights etc.? I'm not talking about anything major... just music from the typical sites such as Triple Scoop, Tune Society, Magnatune, etc.

Sanjin Svajger · October 26th, 2011, 01:07 AM

1. The owner of the material rights is responsible for the audio-video broadcasted on their medium.
2. Your production. If something is a miss it's your productions fault. But because you are not the owner of the material rights I don't think anybody can touch you accept the company's law suite (the company that you sold the AV work) - somebody correct me if I'm wrong here...

You acquire/buy the rights for the score and then sell/transfer the material rights of the AV work (which also contains the score rights) to the buyer. I think this is the most common case of how things work. The license is in your hands in this case I think.

That's how in my understanding this works. Your client could also buy the rights but that is usually not the standard practise because they're paying you to do the work:)

Steve House · October 26th, 2011, 04:13 AM

Quote:

Originally Posted by Bill Busby

I wasn't sure which category to post this in and I should know this answer to this question but I don't, so here I am.

If I was to cut promo pieces for clients for the purpose of them posting it on their web sites, who should be responsible for acquiring the music license/rights etc.? I'm not talking about anything major... just music from the typical sites such as Triple Scoop, Tune Society, Magnatune, etc.

When you say "cut promo pieces" what is your role exactly? Are you doing a technician's function, editing footage under the direction of a producer/director or the client, or are you the actual producer, responsible for the content of the piece? Are you creating a copyrightable work on the behalf of your client or are you performing a work-for-hire where the client is legally the creator of the finished work? Assuming you are legally the creator of the work, it is you who is responsible for insuring that everything in it is legal so it would be your responsibility to insure all the licenses have been acquired. That doesn't mean you pay for them from your own pocket - the cost would be passed on to your client in your bill. But should there be a question of infringment, as the program creator you would be the one in the hot seat, perhaps along with your client but you would definitely be there, so the burden falls on your shoulders to insure all the T's are crossed and I's dotted..

Les Wilson · October 26th, 2011, 04:29 AM

@Bill: What Steve said.

This is the right place. In fact, this topic is frequently discussed (in a very lively fashion at times) but the answer comes out the same: If you are hired to produce the work, you should acquire the rights... for various reasons.

Bill Busby · October 26th, 2011, 01:51 PM

Thanks to all who responded. It's greatly appreciated!

October 24th, 2011, 04:13 PM	#1
Bill Busby Major Player Join Date: Dec 2006 Location: Los Angeles, CA Posts: 959	music license question I wasn't sure which category to post this in and I should know this answer to this question but I don't, so here I am. If I was to cut promo pieces for clients for the purpose of them posting it on their web sites, who should be responsible for acquiring the music license/rights etc.? I'm not talking about anything major... just music from the typical sites such as Triple Scoop, Tune Society, Magnatune, etc.

October 26th, 2011, 01:07 AM	#2
Sanjin Svajger Major Player Join Date: Feb 2010 Location: Slovenia Posts: 356	Re: music license question 1. The owner of the material rights is responsible for the audio-video broadcasted on their medium. 2. Your production. If something is a miss it's your productions fault. But because you are not the owner of the material rights I don't think anybody can touch you accept the company's law suite (the company that you sold the AV work) - somebody correct me if I'm wrong here... You acquire/buy the rights for the score and then sell/transfer the material rights of the AV work (which also contains the score rights) to the buyer. I think this is the most common case of how things work. The license is in your hands in this case I think. That's how in my understanding this works. Your client could also buy the rights but that is usually not the standard practise because they're paying you to do the work:)

October 26th, 2011, 04:29 AM	#4
Les Wilson Inner Circle Join Date: Jan 2004 Location: Boca Raton, FL Posts: 3,014	Re: music license question @Bill: What Steve said. This is the right place. In fact, this topic is frequently discussed (in a very lively fashion at times) but the answer comes out the same: If you are hired to produce the work, you should acquire the rights... for various reasons.

October 26th, 2011, 01:51 PM	#5
Bill Busby Major Player Join Date: Dec 2006 Location: Los Angeles, CA Posts: 959	Re: music license question Thanks to all who responded. It's greatly appreciated!