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Author
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Topic: Music in movies
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tam
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posted 10-25-2000 03:32 AM
I've heard that it's legal to take one song from one of your bought albums at your home, mix it a little bit and then use it in your own movie.But that's not true or is it???
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Prism
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posted 10-25-2000 11:11 AM
I strongly doubt it. Sometimes you can do something similar with artwork, in which case you trace the drawing or make outlines and create a new picture based on the original, but I really don't think you can do that with music. If you're musically inclined, it's not too terribly difficult to compose simple stuff with MIDI.Isaiah ------------------
Isaiah Eyre, Artist
www.iEyre.com |
jeeroome
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posted 10-25-2000 04:51 PM
I remember seeing a post saying that if you modified 4 times it was legal.
I remember the guy saying "if you do that, a gun will sound like a fart".
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EricM
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posted 10-25-2000 06:51 PM
It is definitely illegal. However, if you aren't making any money from it then usually the most that will happen is the copyright holders will ask you so cease and desist.
But, if you use the copyrighted material in a slanderous way you can still get into trouble even if you didn't make any money from it. |
multimedia light & magic
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posted 10-25-2000 07:12 PM
actually...it is legal, but only if you do it right.a graphic designer i worked with this summer was re-editing rob zombie's dragula for a website's soundtrack. i don't know the specifics, but you have to distort it quite a bit, so it doesn't sound a whole lot like the original. and changing something 4 times only applies to graphics like maps and such. |
multimedia light & magic
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posted 10-25-2000 08:58 PM
1000 in the SFX forum! yahh. |
Red Five
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posted 10-26-2000 05:50 PM
It's illegal. Believe me, I'm a law student who has studied music law and copyright law, and has done this precise work at movie studios, and if you use a copyrighted piece of work, it is actually three seperate illegal acts. The reproduction is against the law, the alteration is against the law, and the distribution is against the law.Using something and altering it to create a new work is called "sampling" in legal contracts, and is specifically paid for by professionals. Probably all that will happen is the cease-and-dissist, but they can come after you for actual damages, if the copyright owner so chooses. Not only that, but you'll be dealing with two seperate owners - the music performer, and the music writer. Check previous posts, there was a lengthy topic on the subject of copyright law. |
Jeff F
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posted 10-26-2000 06:43 PM
Thank you for a concise post based on fact instead of speculation, rumor, and "What oughtta be legal."------------------
Jeff F - Moderator
Magic and FX
Amazing the Masses |
Prism
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posted 10-26-2000 08:43 PM
Thanks, Red Five! Good to know that someone out there knows what they're talking about. Just goes to show you, it pays to be creative and not to rely on other people's hard-earned creations to satisfy our laziness.Isaiah ------------------
Isaiah Eyre, Artist
www.iEyre.com |
multimedia light & magic
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posted 10-26-2000 09:10 PM
hmm. glad that's cleared up. i should have a word with that graphic designer. he should know better. amn does that boil my blood. what a dumbass.
#$^#@()#*%)(#*$(#&$(*#&%#(*&%*(#&$(*@#@#!!!!!!! man, i hope every professional in my town isn't that dumb. that's what i get for listening to a so called professional. holy $#!%. |
multimedia light & magic
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posted 10-26-2000 09:13 PM
lol, first time for everything, including me being wrong  |
FXMan
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posted 10-26-2000 09:55 PM
Well I too must say THANKS to RedFive and also to apologize for anything I might have said about the legal profession in my posts about copyright laws and related issues. It IS nice as Jeff F said, to have a definitive answer FINALLY from someone who knows the facts, the laws, the repercussions and the reality of it all. I've tried to say it after having studied the copyright law at length and talking to the staff lawyers and statute research people where I work. It IS illegal in more ways than one and as I've tried to say it time and again, too many people have come up with responses that caused me to wonder if I was interpreting the law correctly - only to find out now that I wasn't wrong. But it's nice to have someone who knows with NO uncertainty. And for all the lawyer digs, I will apologize. I STILL think though that the lousy vulture lawyers make it sour for the whole bunch - you know the ambulance chasers and such. And while it could be a noble profession the rotten ones make it far harder on those who do have scruples. Thanks for your input and EXPERT advice. It IS appreciated. Now if this gets archived, perhaps people can refer to it. I might even copy out your response and save it for future reference when and if this question comes up again - credit to you naturally. THANKS.FXMan
Moderator |
Red Five
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posted 10-29-2000 05:20 PM
Thanks for the compliments (and I share many of your thoughts on lawyers). The important thing to remember is, there are exceptions to every law, but in 9 cases out of 10, if it looks and feels like an infringement, it probably is.I'd recommend everyone interested in this topic check out the book by Donald Passman on the music industry - it includes almost all of the relevant copyright issues. Many libraries probably have a copy. |
Fredrik Blom
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posted 10-30-2000 04:19 AM
When the topic is up, and with someone who seems to know a bit or two about it;What about covers? If I sit down and "remake" a tune using my favourite MIDI-editor, what coyprights am I breaking in that case (if I actually use the song)? What if I use a .mid file found on the net? I understand that there is a problem with this, I just want to know to what extent. I know in Sweden there has been some problems with using musics fromknown artists even if the artist himself have allowed the music for usage (the "song writers guild" or something had objections)... Just curious!
/Rico |
Prism
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posted 10-30-2000 12:19 PM
I'm recording a band and we did a cover of Elvis Presley's Blue Christmas, but they arranged the parts themselves.I guess it would be good to know whether that's kosher or not.Isaiah ------------------
Isaiah, "Sound Guy" Eyre
www.iEyre.com |
Red Five
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posted 11-01-2000 06:57 PM
It's a complicated legal issue, but basically, the only thing you really need to remember about music copyright is this: There are always TWO copyrights in ANY song. One is for the written music, the composition and the lyrics. The other is for the recording of that song. Even when these are the same people (and often, they aren't) they are still two DIFFERENT rights.So when you cover a song, you are still violating the copyright for the composition. Even if you arrange the music yourself, you are still probably violating the copyright on the lyrics and the underlying melody. |
Muncher666
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posted 12-02-2000 11:08 PM
Perhaps I'm wrong, but in here in Australia it is legal to take up to ten seconds of a song without actually infringeing the copyright, thusly making sampling technically legal if done right. Is this true?Muncher. ------------------
"When there's no more room in hell, the dead shall walk the Earth."
- Peter, Dawn of the Dead. |
Gamecat
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posted 12-10-2000 05:08 PM
tam, to do that you would need to get the Performance rights, sync rights, (They come together so if you get one you get the other)and master rights from the record company, and the adaptation rights from the copyright owner. Also if it's a key element in the scene you might have to worry about Dramatic music "grand" rights. |
