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The Magic Cafe Forum Index » » F/X » » Music Copyrights for Promotional Videos (0 Likes) Printer Friendly Version

Close.Up.Dave
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I searched this topic but couldn't find what I was looking for. My question is fairly simple:

I know that one is supposed to either use royalty free music or pay royalties when performing magic to copyrighted music. However, does that same concept apply to music used in promotional videos? If one buys music off of iTunes, they have the right to own that song, but does that give that person the "right" to apply that music in their video?

Dave
Skip Way
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Dave, It's all in the thread above titled Music Copyright started by Dan McLean.

According to the SOCAN site:
"If you perform or authorize the performance of copyright-protected music in any public setting, or if you communicate those works to the public by telecommunication, you need the permission of the copyright owners. It's the law."

Telecommunication includes any recording for other than personal use including promo videos.

"A SOCAN license entitles you to use the musical works contained in SOCAN's repertoire in a particular way, recognizing the work of those who create and publish it. You need a license whether the music is live or played on a tape/CD player, jukebox, video or karaoke. You need a license whether the live performers are paid or not."

From the ASCAP site:
"We often use the expression "they're playing my song," not always remembering that while we may have emotionally adopted the song, it still legally belongs to the songwriter who created it, and the music publisher who markets it. When you use other people's property, you need to ask permission."

So, as I understand it, commercial music such as that purchased from iTunes is licensed for personal use only by the purchaser. Personal use refers to private enjoyment. Any public use without permission may be actionable.

You also need to be careful with Royalty Free music. Arthur Stead's music, for example, authorizes the purchaser of the original CD to use the music in live performance, however any television, radio, video or audio use must be approved by Arthur beforehand.
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Close.Up.Dave
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Thanks!
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