Legal Question in Business Law in California

Copy rights

I have started a video business. I make DVDs from footage I take of motorcycles and sandrails in the sandunes. I need to know do I need permission from a music group if I would like to ad music or a specific song in parts of my video. I do sell the videos


Asked on 4/20/04, 2:54 pm

7 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Copy rights

Of course you do!!! Having to read about the music companies who are suing private people for the use of music just a trade between them, and they are even selling it. Every time something is played on the the the people who own the rights to the music get paid big bucks. So, uh, uh, uh da what you think. Now if you need help in regard to thisI have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 4/24/04, 8:42 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Copy rights

Yes. You also need permission from those you are phtographing in order to properly protect yourself.

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Answered on 4/21/04, 3:41 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Copy rights

Yes, you would need their written permission. It could be possible that you should have a written release from those you are filming, too.

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Answered on 4/20/04, 3:21 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Copy rights

You need to contact the Harry Fox Agency (http://www.nmpa.org/hfa.html) and purchase a "synchronization license" in order to use commercially-released musical performances in your film or video.

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Answered on 4/20/04, 4:07 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Copy rights

Since you may find that major recording artists charge lots of money for synchronization licenses, another solution might be to purchase or license a commercial background music library (please google using this term). Some music libraries are better than others, and some offer "buy-out" terms (once you buy the music library, you have unlimited use rights) and other offer "needle drop" licensing (pay for each segment of music you use).

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Answered on 4/20/04, 4:14 pm
Timothy J. Walton Internet Attorney

Re: Copy rights

Yes, you need to get a license for each of the songs you want to use in your videos. You should seek intellectual property counsel for help with this.

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Answered on 4/20/04, 4:28 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Copy rights

Yes, you need to get permission.

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Answered on 4/20/04, 5:00 pm


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