Posting home videos with copy righted background m

We’ve made several family boating videos set to commercially released music, from groups such as Franz Ferdinand and Modest Mouse. This is real armature quality video and beginner water sports stuff.

What are the legal implications of posting these videos for family and friends or others in the wakeboard community for download? We’re not promoting anything, just sharing our experience. But it seems to me that releasing a video with copy right protected music might be a problem. Does anyone know what the legal requirements or issues are?

Thanks!!

i've used nothing but copyrighted material in my vids. i highly doubt you can get in trouble, unless you start selling the vids. (i think)

I wouldn't worry about it, a lot of the commercial wakeboard videos don't pay for the rights to the music. Before it goes on TV though you will have to show you have paid for the rights. From a stict legal standpoint you would need permission to use someone else's music for anything posted on the internet whether for sale or not.

that's absolutely right, rich, but i doubt they would spend hundreds/thousands of dollars on legal fees to take someone like edward (or me) to court for what would amount to a slap on the wrist in court.

at least i hope that's true!

Joe, AFAIK they won't even mess with wakeboard or skateboard videos for sale. I guess that just goes to show how few units are really getting sold out there. One of the producers for FSN told me they (music industry) don't care until it's going on the air. WSC had to verify that we had the rights for some footage we sold FUEL from Delta Sessions for broadcast. I think you guys are safe! :-)

ive made 3 ski movies. and i was told by a few differnet bigger film companies that if i dont have over a $5,000 budget and dont plan on making more than $5000 then music rights are not needed. the only exception to this is if your are going to use your video in a fim festival. so makin videos and putting them on the internet is not a problem at all.

Thanks, guys I'll have to get brave and post something.

Just a heads up on licensing for music, if you are seeking to get finanical gain from the videos then you need to contact the label/publisher that holds the rights to the music for contractual purposes. If you are not planning on selling your vidoes, then you should be fine. As for companies not caring about using music for the videos, it depends on the size of the artist and label. Smaller Indie lables are usually stoked to get musicians in videos and just like the exposure. Using larger artists is a whole different story, I personally know one film maker in the mountain bike industry that got a cease and detain on his videos for not licensing his music after only 1000 units were moved, and he spent well over $100,000 on his film. Also Tony Hawk had the same thing with one of his films, don't remember the name of it, cause it's not on the shelfs anymore. I have helped to licensce music for numerous films and I'm currently working on music placement for the Amped 3 snowboard game. Hope this gives you some info that is useful.