Re: Music on a dvd from a wedding and copyright.


"G Hardy" <gareth.hardy1@xxxxxxxxxxxx> wrote in message
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"techD" <techdude_uk@xxxxxxxxxxxxxxx> wrote in message
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Hi - I have been asked to prepare a dvd of a wedding from someones
dv-camcorder tape. They want the music which played at their wedding on
the
dvd and the camcorder sound obviously ins't high enough quality - meaning
I
will mix in a high quality track. They may also offer it for sale to
their
guests etc.

I do not intend with the amount of time it will take to do it for free -
but
my question is:

If the "Customer" signs a statement that they have obtained and hold the
music copyright holders permission to use the listed soundtracks - (which
they have provided to me along by cd together with their dv-tape) and
they
take full responsibility and liability etc for its use - -does that
effectively remove me from any potential future copyright infringement
claim - and enable me to not bother with getting a licence for use.

This question is based upon being in the UK and selling in the UK if that
makes any difference.

The last bit makes no difference. Copyright law has to a greater extent
been
consolidate worldwide under The Berne Convention.

Having a signed disclaimer is probably likely to get you into more trouble
than its absence. It effectively states that you are aware of copyright
law
and its repercussions. Ignorance is no defence, but the absence of such a
statement would lend credibility to such ignorance, and you might get
reduced damages awarded against you.

In practical terms, though, you are unlikely to be caught for such an
infringement. There are three copyrights you will be infringing: The
church
rights (unless it was a civil ceremony), the performing rights (live acts,
if there were any) and the mechanical rights (prerecorded music caught on
camera or dubbed later). All three are covered by buying a licence from
this
page: videolicence.co.uk. If it's only the dubbed music you are interested
in, you can pay much less for a mechanical licence (see Tony's response to
"Where do you get your music licenses?" of a couple of weeks ago) as long
as
the DVD isn't for commercial purposes. That's easily covered - sell them
some carrots for a couple of hundred quid, but give them the DVD for free
(you would have to include appropriate terms on the disc such as "This
disc
may not be sold..."). If you do that, and they then sell on the discs,
then
the liability for licence infringement can be said to have passed onto
them.

If you charge for your work and/or the B&G charge for their video, damages
awarded against you in the (unlikely) event that you are caught and lose
will be higher.


Ok - thanks for the comments and advice. IF however, I simply offer a
conversion service of a DV-tape to a dvd - keeping the assets identical no
additional music etc - just the changing the storage medium - from tape to
disc is that different (original camcorder tape was from a family member)??

Thanks

TD



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