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captain54 Lucky 700
Joined: 30 Jan 2006 Posts: 744 Location: chicago
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Posted: Sun Mar 21, 2010 4:58 pm Post subject: VO Demo Licensing and Background Tracks Legal Question |
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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 Posts: 11076 Location: Portgordon, Scotland
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Posted: Sun Mar 21, 2010 5:08 pm Post subject: |
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Don't do it as it is a breach of copyright. |
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Gregory Best The Gates of Troy

Joined: 04 Aug 2005 Posts: 1853 Location: San Diego area (east of Connie and south and east of Bailey)
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Posted: Sun Mar 21, 2010 5:40 pm Post subject: |
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Only if you get permission in writing for the copyright holder. _________________ Gregory Best
greg@gregorybest.com |
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Eddie Eagle M&M
Joined: 23 Apr 2008 Posts: 2393
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Posted: Sun Mar 21, 2010 6:27 pm Post subject: |
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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 Lucky 700
Joined: 30 Jan 2006 Posts: 744 Location: chicago
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Posted: Sun Mar 21, 2010 6:33 pm Post subject: |
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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 The Gates of Troy

Joined: 04 Aug 2005 Posts: 1853 Location: San Diego area (east of Connie and south and east of Bailey)
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Posted: Sun Mar 21, 2010 6:44 pm Post subject: |
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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. _________________ Gregory Best
greg@gregorybest.com |
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whalewtchr Cinquecento

Joined: 18 Feb 2010 Posts: 582 Location: Savannah, GA
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Posted: Sun Mar 21, 2010 7:27 pm Post subject: |
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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. _________________ jonahcummings |
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captain54 Lucky 700
Joined: 30 Jan 2006 Posts: 744 Location: chicago
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Posted: Sun Mar 21, 2010 8:11 pm Post subject: |
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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 Czarina Emeritus

Joined: 10 Nov 2004 Posts: 13023 Location: Camp Cooper
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Posted: Sun Mar 21, 2010 9:01 pm Post subject: |
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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. _________________ DBCooperVO.com
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Gregory Best The Gates of Troy

Joined: 04 Aug 2005 Posts: 1853 Location: San Diego area (east of Connie and south and east of Bailey)
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Posted: Sun Mar 21, 2010 9:11 pm Post subject: |
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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) _________________ Gregory Best
greg@gregorybest.com |
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captain54 Lucky 700
Joined: 30 Jan 2006 Posts: 744 Location: chicago
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Posted: Sun Mar 21, 2010 10:19 pm Post subject: |
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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 CM
Joined: 22 Apr 2008 Posts: 981
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Posted: Sun Mar 21, 2010 10:32 pm Post subject: |
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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.
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Lee Gordon A Zillion

Joined: 25 Jul 2008 Posts: 6864 Location: West Hartford, CT
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Posted: Sun Mar 21, 2010 11:12 pm Post subject: |
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In the strictest sense, it is almost certainly not legal, but it is the original "don't ask, don't tell" policy. _________________ Lee Gordon, O.A.V.
Voice President of the United States
www.leegordonproductions.com
Twitter: @LeeGordonVoice
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Philip Banks Je Ne Sais Quoi

Joined: 20 Jun 2005 Posts: 11076 Location: Portgordon, Scotland
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Posted: Mon Mar 22, 2010 3:06 am Post subject: Re: VO Demo Licensing and Background Tracks Legal Question |
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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 Assistant Asylum Chief

Joined: 03 Jan 2006 Posts: 2107 Location: Foley, AL
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Posted: Mon Mar 22, 2010 5:03 am Post subject: |
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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 u 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 u and maybe the legal climate has changed but I haven't heard about it if it has. YMMV. _________________ Hart Voice Overs Blog
Brian Hart Productions |
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