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Old    Nick Schrein (wakeboardern1)      Join Date: Aug 2007       09-18-2008, 8:20 AM Reply   
Hey,

So, I was just sent a notification by facebook that one of my videos contained a copyright violation. Go figure, it was 8 seconds past that magical 30 second mark. Anyways, I'm wondering what I have to do to get the rights to music to use it in a DVD that's going to be distributed freely. After that little thing, I've become paranoid about the matter.

We met some people at Brostock who were talking about people who make snowboard videos, and how most of them (which showed at an extreme sports video film festival in NC or something), didn't license their music. They stated that as long as profits didn't make it over the 5000 dollar mark, that they wouldn't be sued. I thought this info was dubious at best and am wondering if there is any truth to it. I'm assuming that what they meant is that unless there is a 5000 dollar or more profit, it wasn't really worth it for them to sue or something...
Old    Joe Umali (dakid)      Join Date: Feb 2001       09-18-2008, 8:27 AM Reply   
strange...how are they going to know how much profit you've made?

with some labels, it doesn't matter if you make a profit or not. they won't let you use it w/o licensing which could cost up to 5-figures for dvd use. and really, the only thing they care about is for what use the music will be for; dvd, tv, etc. that's how they determine how much to charge you for the song.

a lot of production companies don't obtain the rights to use the music in dvds. some do it right, like dpc films' "the chick flick." rights were obtained for every single track on the dvd.
Old    Walt (Walt)      Join Date: Jan 2003       09-18-2008, 8:29 AM Reply   
I'm sure David @ DPC can give you the low down on this.
Old    Walt (Walt)      Join Date: Jan 2003       09-18-2008, 8:30 AM Reply   
Or Joe.
Old    Joe Umali (dakid)      Join Date: Feb 2001       09-18-2008, 8:40 AM Reply   
also, the price of the song depends on how many dvds you plan on replicating/distributing and which region; domestic and/or international.

the best thing to do, if you can afford it, is to hire a music supervisor. they do all the work as far as finding music for you and dealing w/ the label company for the cost. most of the times, they can negotiate the fees down for you. but the bad thing is that music supervisors are $$$$$$$$$$$$$.

if you can't afford a music supervisor, you can contact the label companies yourself. good luck though...it's tough.

the best thing to do is to search for bands on myspace that aren't signed or are signed w/ independent labels. they're either a lot cheaper and/or stoked that you want to use their song. after all, it's exposure for them. this method sucks 'cause you gotta listen to a lot of questionable music to find 1 good song!
Old    Nick Schrein (wakeboardern1)      Join Date: Aug 2007       09-18-2008, 8:49 AM Reply   
Thanks Joe,

That first thing about the profit is exactly what I thought too...

So I just looked at all of the labels (3 of them) for the licensed music that I'll be using...

Chamillitary Entertainment
Vice Records
Battle Axe Records

There is one song from each of those labels, and they all seem to be on the smaller side. Do any of you have any experience with those labels?
Old    Nick Schrein (wakeboardern1)      Join Date: Aug 2007       09-18-2008, 8:51 AM Reply   
Yeah, I found a bunch of bands on Myspace, and 6 out of 9 songs are all from Indie bands on Myspace that pretty much just gave me their music.
Old    Joe Umali (dakid)      Join Date: Feb 2001       09-18-2008, 8:55 AM Reply   
battle axe records is gonna be pricey. though they're indie, the bands signed w/ them are pretty big time.
Old    Scott (scott_a)      Join Date: Dec 2002       09-18-2008, 10:36 AM Reply   
haha...Facebook sent you that notice because any time you post a photo or video or any information on that website, it becomes property of Facebook. That means they have the right to do whatever they feel like with it (like promotional use), but they also bear the responsibility of copyright infringement. So yeah, lame...
Old    Nick Schrein (wakeboardern1)      Join Date: Aug 2007       09-18-2008, 11:38 AM Reply   
Right, but it had been up for nearly six months, and was posted because a buddy of mine wanted a quick video of himself riding to show to his friends and stuff. Meh, it apparently had to be reported, so I'm thinking that there's a chance it has something to do with the Redbull Rough Cuts that I signed up for last night, a mere few hours before said notification of removal popped up...
Old    Joe Umali (dakid)      Join Date: Feb 2001       09-18-2008, 11:39 AM Reply   
i highly doubt it had anything to do w/ red bull rough cuts.
Old    Travis V (cali_rider)      Join Date: Feb 2004       09-18-2008, 5:01 PM Reply   
Try Go Big! Entertainment, but you will notice it sounds a lot like Fuel......hmm i wonder where they get there music haha. No but really, they got some good jams & i think they needle drop.
Old    Kung Fu Wake & Video (dcervenka)      Join Date: Sep 2002       09-18-2008, 10:14 PM Reply   
In order of cheapest to most expensive:

Make your own (assuming you have the ability) > Local Un-Signed Bands > MySpace > Royalty Free Music Websites > Indie Labels > Major labels.

As soon as a band signs with a label. The label owns the rights to the music. You can be "best" friends with the drummer, but it won't matter since the label owns the rights to any music they've produced after (and/or "before") they signed up. Basically labels don't care about "Bra hookups"

Obtaining rights for a student project or film festival is relatively cheap because the labels understand the situation and will work with you (and your budget)

If you're up front and explain your situation most indie-labels are willing to work with you. However, your situation sounds like a catch 22 because you're distributing the m DVD for FREE which is like giving the "music" away for FREE.. So... An un-signed band might be cool with this for the "exposure" while an indie-label will most likely frown on the deal (unless you pay a little extra.) Be prepared to provide a summary of your project so the band/label understands how their music will be used. Most bands want to be associated with action sports and having this information will only help to show that you're serious.

Unfortunately it's not as easy as 1,2,3 because there are so many variables! Be honest with the band/label, set realistic expectations (i.e. don't expect to get Metallica) and be ready to do some work.

This is just a high-level overview, so please feel free to post back up if you need more info and one of us will try our best to answer.
Old    kc700            09-22-2008, 4:26 PM Reply   
Dave is just so helpful...its like having an extravagent multimedia guide right at your fingertips...AMAZING did I mention that he is really really good looking as well.
Old    Kung Fu Wake & Video (dcervenka)      Join Date: Sep 2002       09-22-2008, 4:41 PM Reply   
I feel like a model... Use me because of my talents and not my dashingly good looks!
Old    Waylon (wayz)      Join Date: Jun 2005       09-29-2008, 4:22 PM Reply   
Hey guys, so even if you just post up some video clips of wakeboarding or family stuff on Vimeo using songs you have to get permission to those songs you use?
Old    Kung Fu Wake & Video (dcervenka)      Join Date: Sep 2002       09-29-2008, 5:24 PM Reply   
yes

Does that mean that everyone who posts 'em up has rights? no.

If the "man" finds out.. they will probably just remove it.
Old    Waylon (wayz)      Join Date: Jun 2005       10-02-2008, 9:59 AM Reply   
Ahh gotcha! They can't catch everybody. Thanks

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