ProShow

[James Newman]

Do any of you use ProShow Gold or Producer to make slideshow presentations? I like the program because it's fairly simple to use and you can make some really nice presentations with it. My question concerns the music that you can use in them. If I am making a presentation for family and friends, non-commercial use, just to share, if I put a track of music in my slideshow from a music CD that I purchased, is that copyright infringement? I ask because I made a slideshow from photos I took at the Houston Rodeo and Keith Urban concert we attended last week. The music I used was a track from a Keith Urban CD that I own. I uploaded it to Youtube so my friends and family could access it easily. I am thinking now, in hindsight, that perhaps I should not have done that and might need to delete the show from the site.
James Newman

 

[Kathy Rappaport]

Professional Use

Copying music for personal use is the same as copying a photograph someone else made. Not appropriate to do that.

If I bought a downloaded song and made a slide show for personal use for me, then it would be okay - no different than playing it simultaneously for myself while watching a slide show with my family in my house.

Once I have put it out there for public viewing, then it's not personal anymore. If it were used commercially - like for a client or on my website, then I'd be subject to some nasty legal letters and invoices for violation of copyright.

 

[Asher Kelman]

Copying music for personal use is the same as copying a photograph someone else made. Not appropriate to do that.

If I bought a downloaded song and made a slide show for personal use for me, then it would be okay - no different than playing it simultaneously for myself while watching a slide show with my family in my house.

Once I have put it out there for public viewing, then it's not personal anymore. If it were used commercially - like for a client or on my website, then I'd be subject to some nasty legal letters and invoices for violation of copyright.

I'm not sure where the boundaries are Kathy.

If you purchased a song and then added it into a video with older photos for wedding guests, then what? Well now what if the bride bought the music and added it?

I'm not sure what the answers are, but, a performance of a song for the private use of the bride even for 1000 guests would seem to be be non-commercial. You adding that same song to your work for her might require a license.

Asher

 

[Ken Tanaka]

Kathy's essentially correct. You cannot repurpose and redistribute music without permission, regardless of whether or not you charge for the product. There is a very large civil suit pending right now being brought by Warner against YouTube for permitting and facilitating just such acts. YouTube has been disabling audio on some videos that feature unlicensed music.

As a practical matter the winds are too powerful against the labels. But that's a discussion for another venue and another group. For now, technically James would indeed be liable for a civil suit, unlikely though it may be. "Fair use" is extremely limited when it comes to music, which is why the music industry has become so deeply hated by kiddies.

 

[Kathy Rappaport]

Radio

When I worked in banking for a major bank holding company we were sued for playing live radio in the lobby! We didn't pay for commercial use of the music. They then installed Muzak (which drove the employees crazy!). Commercial use to play a radio.

As photographers who want our copyright protected, we must be aware at least of the basics so we can defend ourselves from unauthorized use. And that includes music - often a key factor in enjoyment of imaging as well.

 

[nicolas claris]

Copying music for personal use is the same as copying a photograph someone else made. Not appropriate to do that..

Absolutely! I 100% agree with Kathy!

 

[Asher Kelman]

Absolutely! I 100% agree with Kathy!

Nicolas,

We need to know how to deal with this in a legal way. Most of us simply do not know how to license music! I don't even know if the industry is set up for us guys on the lowest rings of the ladder. If one is going to make a TV advert, then one can pay the fee, it's scaled for that.

How do we do this when we make a slide show for someone? The issue is not what's the wrong way, but how to pay the required fee and not be on the wrong side of the law?

Asher

 

[James Newman]

Thank you for your input. Until this week, I had never uploaded anything to Youtube. I should have researched and asked my question before posting the slideshow. I deleted it from the Youtube site this morning.
James Newman

 

[nicolas claris]

Nicolas,

We need to know how to deal with this in a legal way. Most of us simply do not know how to license music! I don't even know if the industry is set up for us guys on the lowest rings of the ladder. If one is going to make a TV advert, then one can pay the fee, it's scaled for that.

How do we do this when we make a slide show for someone? The issue is not what's the wrong way, but how to pay the required fee and not be on the wrong side of the law?

Asher

The laws aren't the same in all countries, then…

It is not only a question of law, but deontology and citizen behavior.
Don't do to others what you wouldn't like someone does to you. As simple as that.

Now if someone wants to use the music, the video, the TEXT and any creative thing done, ask the author! Most of the time they will allow the use for free if it is not for a commercial use (I know what I'm talking about).

 

[Kathy Rappaport]

Music

You can use any music - but there is a royalty fee to be paid if you want to use it. You would have to contact the person who licenses it.

There are many places to buy royalty free music. I have a few cd's of it.

 

[James Newman]

I know about the royalty free music and I have used some of it. The point was that the concert I saw and photographed was Keith Urban's so I wanted to use his music. I realize that was not the thing to do so I deleted it from Youtube.
James

 

[Ken Tanaka]

You can use any music - but there is a royalty fee to be paid if you want to use it. You would have to contact the person who licenses it.

There are many places to buy royalty free music. I have a few cd's of it.

Actually, that's not entirely true. You cannot use just any music, per se, by just paying a fee. This is a very big subject, bigger than belongs on a photo board. (My former life of filmmaking taught me that.)

In general, ASCAP is probably the largest clearinghouse for music licensing in the world. A stroll through there will give you some idea of what I mean when I say "big subject".