Copyright Music used in professional tribute videos

[dcort]

Jurisdiction

Massachusetts

I'm considering starting a business aimed at editing tribute videos professionally, ones that may be used for birthdays, retirements, funerals, etc. The service could potentially be offered nationwide.

These videos will involve music. If I'm being paid to edit them using photos and images supplied by my clients and they want me to add a popular song what's the legal risk in doing so? I'm not necessarily displaying the video publicly but handing it off to the client after editing it for them. Only including royalty-free music may diminish my services.

 

[zddoodah]

If I'm being paid to edit them using photos and images supplied by my clients and they want me to add a popular song what's the legal risk in doing so?

Assuming you do this without permission from owners of the copyrights, the risk is that you get sued for copyright infringement, for which the remedy would be (1) actual damages plus your profits or (2) "a sum of not less than $750 or more than $30,000 as the court considers just." 17 U.S.C. section 504(b) and (c). Since actual damages would be virtually nil, and since proving profits directly relating to the infringement is very difficult, I can pretty much guarantee that the rights owners would opt for pursuing statutory damages ($750-30,000 per infringing act).

I'm not necessarily displaying the video publicly but handing it off to the client after editing it for them.

Not necessarily? Either you are or you aren't. The mere creation of the video would violate both the exclusive right to make reproductions, the exclusive right to prepare derivative works, and the exclusive right to distribute copies. 17 U.S.C. section 106.

Only including royalty-free music may diminish my services.

I'm sure a great number of actual or potential businesses are hampered by the inability/inadvisability of stealing from others.

 

[dcort]

Assuming you do this without permission from owners of the copyrights, the risk is that you get sued for copyright infringement, for which the remedy would be (1) actual damages plus your profits or (2) "a sum of not less than $750 or more than $30,000 as the court considers just." 17 U.S.C. section 504(b) and (c). Since actual damages would be virtually nil, and since proving profits directly relating to the infringement is very difficult, I can pretty much guarantee that the rights owners would opt for pursuing statutory damages ($750-30,000 per infringing act).



Not necessarily? Either you are or you aren't. The mere creation of the video would violate both the exclusive right to make reproductions, the exclusive right to prepare derivative works, and the exclusive right to distribute copies. 17 U.S.C. section 106.



I'm sure a great number of actual or potential businesses are hampered by the inability/inadvisability of stealing from others.

But how often does this happen? What is the actual risk? Not what's legally plausible.

 

[zddoodah]

Neither I nor anyone else will be able to tell you what the chances of getting busted will be (anymore than we could intelligently predict the odds of any given person successfully shoplifting).

Let me assure you, however, that the major record companies and other organizations of rights owners have people whose job it is to find infringing businesses.

 

[Zigner]

But how often does this happen? What is the actual risk? Not what's legally plausible.

In other words, you are a thief who is asking how to not get caught...

 

[PayrollHRGuy]

In other words, you are a thief who is asking how to not get caught...

No, the OP wants to be a thief if he isn't likely to get caught.

 

[Zigner]

No, the OP wants to be a thief if he isn't likely to get caught.

One does not consider starting such a business without prior experience.

 

[dcort]

How many cases have you seen brought against people who've made private tribute videos for a funeral/anniversary for using a song without a license? Do you see any examples in the past three decades of that happening in the U.S.?

 

[Zigner]

How many cases have you seen brought against people who've made private tribute videos for a funeral/anniversary for using a song without a license? Do you see any examples in the past three decades of that happening in the U.S.?

Irrelevant. This is a legal forum and does not condone or assist in violating the law.

 

[zddoodah]

How many cases have you seen brought against people who've made private tribute videos for a funeral/anniversary for using a song without a license?

Me personally? None.

Do you see any examples in the past three decades of that happening in the U.S.?

I know of many similar cases.

P.S. As long as we're asking questions: If you get sued and the plaintiff's attorney takes your deposition and asks you whether you knew what you did was infringing, will you answer truthfully that you knew it was infringing conduct and did it anyway because you assumed you wouldn't get caught?

Just FYI, the statutory damages numbers I mentioned previously are for non-willful infringement. If you clicked the link I provided, you'd have seen that damages for willful infringement can be up to $150k per act of infringement.

Now...you get to decide for yourself what you'll do.

 

[flyingron]

It only takes one report to ruin your day. I've heard of publishers coming after even schools and non-profits that came to their attention. Your profit making business is likely to be dealt with even less leniency. If your stuff is delivered direct to a private individual in a private space, you may escape detection, but if this stuff gets played in a public venue such as a hotel or banquet hall, or some of your infringement shows up on the internet, you're just rolling the dice.