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VO Demo Licensing and Background Tracks Legal Question
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captain54
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PostPosted: Sun Mar 21, 2010 4:58 pm    Post subject: VO Demo Licensing and Background Tracks Legal Question Reply with quote

Question:

Is it legal to use commercial music (like an old tune from the 60's or 70's...or even a current one for that matter) as a background track in a commercial VO demo used for non-broadcast purposes?
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Philip Banks
Je Ne Sais Quoi


Joined: 20 Jun 2005
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PostPosted: Sun Mar 21, 2010 5:08 pm    Post subject: Reply with quote

Don't do it as it is a breach of copyright.
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Gregory Best
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PostPosted: Sun Mar 21, 2010 5:40 pm    Post subject: Reply with quote

Only if you get permission in writing for the copyright holder.
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Eddie Eagle
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PostPosted: Sun Mar 21, 2010 6:27 pm    Post subject: Reply with quote

It might be usable if you actually did a real spot with it in the production. Also length of the clip may play a factor.
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captain54
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PostPosted: Sun Mar 21, 2010 6:33 pm    Post subject: Reply with quote

its a demo I'm putting together for someone...the spots have not been done before by them...they are no more than :10 ea.....

I don't see why it would be a problem unless I am producing a spot for broadcast purposes....
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Gregory Best
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PostPosted: Sun Mar 21, 2010 6:44 pm    Post subject: Reply with quote

It doesn't matter whether it is for "broadcast" or not. It is a common falicacy that a short snippet is allowed. Use royalty free misic. There are lots of sources. It was recently discussed in another thread.
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whalewtchr
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PostPosted: Sun Mar 21, 2010 7:27 pm    Post subject: Reply with quote

You are using creative work (not yours) to advance your career without paying for the right or asking permission--it has nothing to do with broadcast. A bar owner who plays music in his/her bar needs to pay ASCAP/BMI/SESAC fees; a clothing business who plays music from an Artist to set the mood in the store needs to pay as well. Make your own music, get permission or get licensed to use music beds or music service. Lo Siento.
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captain54
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PostPosted: Sun Mar 21, 2010 8:11 pm    Post subject: Reply with quote

whalewtchr wrote:
You are using creative work (not yours) to advance your career without paying for the right or asking permission--it has nothing to do with broadcast.


Does a local cover bar band playing at Joe's Bar on Saturday night pay for the right or ask permission to sing the lyrics and perform the music that makes up 95% of their set? They are doing more than advancing their careers, people are paying to hear them perform those songs.
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Deirdre
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PostPosted: Sun Mar 21, 2010 9:01 pm    Post subject: Reply with quote

The bar has the license, and the performers are covered.

And there is no provision covering short clips, period.
That's a fallacy of the most idiotically pervasive kind.
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Gregory Best
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PostPosted: Sun Mar 21, 2010 9:11 pm    Post subject: Reply with quote

Beware! The music industry has been doing more to go after pirateers. They have brought many lawsuits since the Napster days.

Think about it. Do you want someone using your VO work and not paying you? There is no difference.

(Edited for typo)
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captain54
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PostPosted: Sun Mar 21, 2010 10:19 pm    Post subject: Reply with quote

I get the legality of it, and I am not planning on using pre-recorded music as backing, strictly because of the hassle it could involve... however, I respectfully beg to differ....pirating an entire album or CD or movie from Napster and not paying for it and a humble voiceover artist taking a portion of a song and using it to sweeten up a voiceover demo are quite different, in principle ..at least

I'm not trying to be argumentative here....I'm simply trying to get a handle on what's the proper way to do things.
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Bob Bergen
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PostPosted: Sun Mar 21, 2010 10:32 pm    Post subject: Reply with quote

Captain, I gotta agree with you!

I mean let's be honest here. Using real spots that a VO artist has legitimately booked on their demo is done every day. Is it legal? Who knows. But in the history of VO no one has ever been sued for demo content. Most recommend (myself included) getting commercial copy from magazines. Copy written ads.

Gang, it's a demo! It isn't for broadcast or for sale. I think people need to be more concerned about whether they are ready for a demo or not, rather than is it OK to use actual content. In fact, a good demo producer will grab actual music or jungles from the actual spots to add authenticity.

Trailer demos use actual clips of the films Is this legal? Probably not. No one cares. It's a demo.


The worst thing that will happen is someone may request you remove a spot from your demo. It ain't gonna happen folks. But like everything, you need to do what you feel is best for you.

Oh-and not only do I not have a problem with someone using one of my VO spots on a demo, I welcome it! I'm requesting it!!!! If anyone out there has done a partner read with me and wants to use it on their demo please do! It's free PR for me! I've gotten a slew of work by being on other actor's demos.

Wink
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Lee Gordon
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PostPosted: Sun Mar 21, 2010 11:12 pm    Post subject: Reply with quote

In the strictest sense, it is almost certainly not legal, but it is the original "don't ask, don't tell" policy.
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Philip Banks
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PostPosted: Mon Mar 22, 2010 3:06 am    Post subject: Re: VO Demo Licensing and Background Tracks Legal Question Reply with quote

captain54 wrote:
Question:

Is it legal to use commercial music (like an old tune from the 60's or 70's...or even a current one for that matter) as a background track in a commercial VO demo used for non-broadcast purposes?


No it isn't legal it is a breach of copyright and commonly called "copyright theft".
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Hart
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Joined: 03 Jan 2006
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PostPosted: Mon Mar 22, 2010 5:03 am    Post subject: Reply with quote

I gotta go with Bob B on this one. As most of you know I come from a radio background so let me put it in that perspective.

If I do an aircheck with music on there is that a copyright violation? Maybe. Has anyone ever said anything about it in my 18 year broadcasting career? No.

When I do an imaging demo with actual pieces on it (my AAA/Modern demo has some songs on it from real imaging as opposed to stuff I just made uHobo Happy is that a copyright violation? Now there's also a Matchbox Twenty piece on there I made soley for demo and booth testing purposes. Does that push the line further? Probably.

What about concert spots? In the past I've sent concert spots (both "real" and just demos) to record labels, band managers, concert promoters etc and no one has ever said a word about it.

The station license or the needle drop license doesn't cover any of that stuff as far as I know but it's also never ever been brought up.

Is it technically illegal? Probably according to the strictest letter of the law. Is anyone going to call you on it? I seriously doubt it. Use common sense and your own sense of morality I guess but I think it's fine.

With that being said I stick with production library stuff for other purposes such as commercials, narration, web work etc. so that's what I use on those type demos too. My demos (for me and the people I make them for) sound just like the real work I produce and I'm okay with that. I think it gives potential clients the best idea of what you will sound like when they hire you.

It's been a few years since I pursued my VO or production career (just starting back uHobo Happy and maybe the legal climate has changed but I haven't heard about it if it has. YMMV.
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