Legal Question in Intellectual Property in Iowa
Wedding Videography
Is it legal for a family member to video tape a wedding ceremony? What about a wedding reception where a dj plays copyrighted music? Could this be acceptable if the videos are seen as ''documentaries''? Can copyrighted cd's be played during wedding ceremonies without a license?
1 Answer from Attorneys
Re: Wedding Videography
Quite a slew of question!
Yes, Aunt Millie can videotape a wedding for her own nostalgic purposes without creating any actionable issues -- doesn't matter what the content may be -- as long as she does not then publish it (or upload it onto some Web site).
The corrollary is that, if there is going to be any public exhibition of a recording or a video, then mechanical and/or syncronization licenses would have to be obtained (at great expense). The exception is "fair use" so no concern about the "documentary" concept.
No, it is NOT permissible to play any copyright-protected audio media at such an event, as this constitutes a "public performance" outwith the scope of the license inherent in the sale of the CD. DJs have to pay additional fees when they do this; if you want to do it yourself, then you would have to negotiate with ASCAP and BMI to obtain the requisite licenses (these agencies represent virtually all of the copyright owners for US license rights).
Best wishes,
LDWG
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