Forums > General Industry > RANT - copyright owner uses someone elses IP

Photographer

UCPhotog

Posts: 984

Union City, California, US

I know this is a rant, and if you are going to reply, please be respectful of the rules, other people, etc.


I've seen SO MANY photographers lately who put up a montage of their favorite or best or certain genre of work into a video. They include a copyright notice. Then they add a popular piece of music to it that, while they may have contacted the publishing house for the music, it seems doubtful. Today I saw a piece by one person who had © notices on each photo, and ® notices at the start and end of the presentation. Then it runs with Michael Jackson's 'Billy Jean'. Another had a notice that use of the photos without permission would result in civil liability, yet the montage ran with 'Freeze Frame' by the J. Geils Band.

If you have used a popular song, and acquired permission, I would assume you had to enter a licensing agreement and those I know are not cheap. Anyone here done that?

We expect, demand and threaten people who don't respect our creations, and yet we use others' intellectual property without thought.

OK, enough.

Jul 11 13 02:57 pm Link

Photographer

Christopher Hartman

Posts: 54149

Buena Park, California, US

I've heard it's not all that expensive.  Probably depends on the library and usage.

I made a vacation video and included music.  I made it private on YouTube but that didn't matter, they still detected the music and if I wanted my video published, I had to agree to their terms.  I did.  Didn't cost me a single cent.  On the page there are links to buy the music.  But it's also limited to being viewed via web browsers.  YouTube Apps on my Smart TV, My Xbox, and my phone are all restricted.  But I can use my Safari on my phone to access youtube and watch the video just fine.  Strange how that works.  But whatever...I just wanted a fun video for family to watch.

Jul 11 13 03:05 pm Link

Photographer

Rick OBanion Photo

Posts: 1351

Saint Catharines-Niagara, Ontario, Canada

Although I do not have alot of sympathy for music companies and their practices, the irony of what you described is quite heavy.

Jul 11 13 03:06 pm Link

Photographer

UCPhotog

Posts: 984

Union City, California, US

Rick OBanion Photo wrote:
Although I do not have alot of sympathy for music companies and their practices, the irony of what you described is quite heavy.

I don't have a lot of sympathy for them either, but it still goes back to kindergarten - if it's not yours ask before using or taking it.

Jul 11 13 03:14 pm Link

Photographer

Mortonovich

Posts: 5542

San Diego, California, US

Rick OBanion Photo wrote:
Although I do not have alot of sympathy for music companies and their practices, the irony of what you described is quite heavy.

UCPhotog wrote:
I don't have a lot of sympathy for them either, but it still goes back to kindergarten - if it's not yours ask before using or taking it.

I hear ya, man.
There was a photographer friend on FB recently complaining about how he couldn't get a video to upload. Of course, the first question several of us asked was if he had the rights to the music he was using. When he fessed up to having boosted the music, it was a pretty funny blasting he got.

Jul 11 13 03:52 pm Link

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Photographer

GPS Studio Services

Posts: 36293

San Francisco, California, US

Both ASCAP and BMI have a standard rate sheet for music usage.  For a very low volume video, the cost isn't that high.

BTW, I agree with the OP.

Jul 11 13 04:44 pm Link

Photographer

Looknsee Photography

Posts: 21658

Portland, Oregon, US

Jul 12 13 08:39 am Link

Photographer

rickspix

Posts: 1304

Vallejo, California, US

years ago i did a promotional video for my studio and when i first began the project i was using some music from cd's i had but when i decided to send out the video on a dvd to my clients i realized i could be sued for using music i had no rights to. i went to a sound studio that had music for purchase and ended up finding a nice piece which cost me around $100 to have the rights to it for my project. i felt a lot safer doing it the right way and of course i felt that if someone used one of my photos on their website i would want compensation if i found out.

music, like our photographs, is something that is copyrighted so think twice before publishing something on the web with a stolen soundtrack.

Jul 12 13 08:51 am Link

Photographer

LaurensAntoine 4 FHM

Posts: 347

San Diego, California, US

UCPhotog wrote:
I know this is a rant, and if you are going to reply, please be respectful of the rules, other people, etc.


I've seen SO MANY photographers lately who put up a montage of their favorite or best or certain genre of work into a video. They include a copyright notice. Then they add a popular piece of music to it that, while they may have contacted the publishing house for the music, it seems doubtful. Today I saw a piece by one person who had © notices on each photo, and ® notices at the start and end of the presentation. Then it runs with Michael Jackson's 'Billy Jean'. Another had a notice that use of the photos without permission would result in civil liability, yet the montage ran with 'Freeze Frame' by the J. Geils Band.

If you have used a popular song, and acquired permission, I would assume you had to enter a licensing agreement and those I know are not cheap. Anyone here done that?

We expect, demand and threaten people who don't respect our creations, and yet we use others' intellectual property without thought.

OK, enough.

Why would you think it's doubtful? Photographers' are probably one of the most respectful groups when it comes to the rights copyrights of others. I, or we (depending on the situation) obtain a license anytime music is used for a video.

Although in thinking, I'm not certain that some of the older MP3s on my Ipods are all properly licensed. I've gotten some songs from friends by email in the past. Probably should look into that.

Jul 12 13 09:37 am Link