Copyrighted music in a footbag DVD (no video)

[david]

edit: the main reason: The other night I watched Ryan Thomas Worlds 2004, which is a DVD from montreal, my first worlds, and I just loved watching it. I want to make something like that so in a few years kids can look back and be stoked on all the memories they have just like I was.

Anyway, I wanted to make a footbag DVD of worlds and my parents were really iffy on it because of copyrighted songs. I said it didn't matter because I'm only going to make like 50. I know it's illegal but doesn't that mean that Ellis, Jere, Red, etc. could all be sued?

Is this a no brainer? My parents basically won't let me make a video because they are so uptight about getting sued. Would you buy a video that has just live sound?

-dc

[SlashC]

So I wanted to make a footbag DVD of worlds and my parents were really iffy on it because of copyrighted songs. I said it didn't matter because I'm only going to make like 50. I know it's illegal but doesn't that mean that Ellis, Jere, Red, etc. could all be sued?

Is this a no brainer? My parents basically won't let me make a video because they are so uptight about getting sued. Would you buy a video that has just live sound?

-dc

Only if it has Dave commentary/whispering to complement the live sounds.

[Sporatical_Distractions]

Who would get a hold of it and freak out about copyright issues?

Anyone that's ever made a footbag video (save a few people) and the majority of youtube would all get sued and I don't see that ever happening

[Zescape]

Yea, YouTube is one thing, but selling DVDs is a whole different animal. People seem to get upset when you try to profit using their copywritten work.

[Outsider]

There is a little more to copyright law then that. You can learn a little bit about it on wikipedia here:
http://en.wikipedia.org/wiki/Fair_use

For instance:

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.

United States trademark law also incorporates a "fair use" defense. While the names are the same, the doctrines are quite different.

On the other hand, even it your video were all "live sound" or "natural sound", aren't you pretty likely to have some music playing in the background? And isn't that music still copyrighted? I'm not sure... I rather liked that "free speech" part of the "fair-use" article...

Personally, I WOULD buy a video with mostly natural sound. I like hearing the sound of footbag being played, and I like hearing the players and spectators commenting, joking, and giving props, etc. Like I was saying, there would still be copyrighted music in the background...

On the other hand, you DO know a few musicians of one kind or another, David. You could collaborate with, say, Matt Cross for a little guitar playing and maybe Strassman for a little beatboxing background soundtrack. It could be cool; maybe cooler even than rippin' off some tired overused hip-hop or rock.

And then there is classical music. I think that nobody owns the rights to stuff like Beethoven's symphonies. Copyrights don't last forever, and at some point things like that can pass into the "public domain". While I suppose that specific performances of such music might still be copyrighted (like "The London Symphony Orchestra's Recording of Shubert's Unfinished Symphony", it would probably be nearly impossible to tell one performance from another. And then, you could modify that music a bit too, like, put a little distortion on The Moonlight Sonnata, add some reverbe or something and you're really in the clear.

edit: David, check out -->
http://en.wikipedia.org/wiki/Public_domain
for a basic definition of "Public Domain", and more specifically -->
http://en.wikipedia.org/wiki/Choral_Pub ... in_Library
for free music you can download and use. Its probably not the kind of music you're looking for, but, hey, research it a little further and it could lead you to some other public domain music.

[mc]

if I were to put a cover song on an album, I would have to pay $.09 per cover per album, and if I were to only make a limited run, I could pay that fee up front (instead of as sales occurred) and my copyright issue would be resolved. I don't remember if it's the same for videos, but it's probably an equally small fee per unit.

can't wait to see what you come up with. if you need some music that you won't need to pay for, let me know.

[Zac Miley]

Instead of music, use the sound of Byrin's feet on a tennis court and I'll buy it.

[max]

Regarding Jon's post about classical music. Indeed I think the actual music (notes etc.) are now public domain but you can't just rip a CD and put those tracks on a vid you'll be releasing commercially. I believe that is because the performance is copyrighted (as opposed to the music).

But it wouldn't be a problem to get a rather large band together and to play some Beethoven that you could then record for your DVD. Well.. that's considering you don't use copyrighted sheet music to play the music.

Just based on the news reports I read about how overboard the RIAA are getting: suing left right and center, I too would be a bit worried about releasing a DVD with copyrighted music on it. In the US anyway.

[QuantumBalance]

fuck all that bullshit! you gonna make your dvd for money?! hell no david make whatever you want with whatever song u want and put an alias and then give it away freely

DONT LET SOME BULLSHIT STOP YOU FROM MAKING YOUR ART DAVID CLAVENS!

[Muffinman]

I'm pretty sure that Eli and Jere and UnAnim use music with permission.
I didn't read the link that Jon provided, but it sounds like something to read up on. I would probably buy any DVD you made, especially if it was mostly of yourself.

I second the commentary/whispering comment!