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.

Many thanks.

TD

On Wed, 23 Aug 2006 16:49:00 GMT, "techD"
wrote:

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.

Maybe their aural standards aren't as high as yours. They might even
prefer the "live" version, along with the other sounds of the wedding.

"techD" wrote in message
...
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.

"G Hardy" wrote in message
...
"techD" wrote in message
...
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

"techD" wrote in message
...

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)??

Don't get me wrong - I think your chances of being caught are
(approximately) zero.

If you decide to do what you specified above, I expect you could reasonably
argue that you just converted the tape data and was unaware of and
uninterested in its content, so was not the one who was in breach of
copyright - it was the person who took the film who did that.

However your chances of being approached for such a misdemeanour are even
smaller than if you and the B&G charged for a fully edited and dubbed DVD.

"G Hardy" wrote in message
news
"techD" wrote in message
...

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)??

Don't get me wrong - I think your chances of being caught are
(approximately) zero.

If you decide to do what you specified above, I expect you could
reasonably
argue that you just converted the tape data and was unaware of and
uninterested in its content, so was not the one who was in breach of
copyright - it was the person who took the film who did that.

However your chances of being approached for such a misdemeanour are even
smaller than if you and the B&G charged for a fully edited and dubbed DVD.




Many thanks for the pointers!!!

TD

On Wed, 23 Aug 2006 18:58:42 GMT, "G Hardy"
wrote:

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.

Nice idea, worthy of Sir Alan Herbert. But the courts tend to see
through such blatant artifice. Remember the old dodge of selling a
computer program (liable to VAT) for £5 and the manual (zero-rated)
for £95?

"techD" wrote in message
...
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.

Many thanks.

TD


I'm sure that other may know better but if you make it clear that you are
editing, authoring and copying the supplied material as a sub-contractor,
leaving "pre-production", "editorial control" ,"sale" etc to your client
then it should be their responsibility to have the licences to use the
material they supply.