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Old 30-03-2005, 1:15 PM   #1 (permalink)
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Slideshow audio copyright issues

Maybe someone can answer a question that I have about music that I use in my family/friends DVD photo slideshows that I create with Nero.
Just a little background info first; I create these for fun and just to be happy with family/friends reactions to the DVD photo slideshows that I create. I add in music from CDs I own to add another neat little touch. Usually related to the "atmosphere" that is in the photos. The other day I showed my most recent DVD slide show at the family Easter gathering and my brother-in-law stated that my production was better than one that his friend had done for his wife as Christmas present of which he paid $100 for. My brother-in-law also said that the 1 hour-long slide show had the same song looped through out the entire show.
Everyone at the party then told me that I should start making these as a side business, but I just laughed it off.

My question is what type of copyright issues is there concerning music when using it home movie/slide show with the goal of selling that production? Can't be legal can it?

For now I plan to keep on making these as a hobby for whoever I can make the time for and nothing more. Family members have shared my slide shows with others and have been asked, "How much would he charge to make me one?", and they have no answer.

If I make a DVD photo slide show/home movie with background copyrighted music, can I sell that slide show?
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Old 30-03-2005, 1:21 PM   #2 (permalink)
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Strictly speaking you could neither sell them nor give them away as you do not have permission from the copyright owner to do so and therefore copies or samples of the music can only be for personal useage.

It is unlikely that you would have any problems if you gave away copies but you run much more significant risk if you were to start selling them. There are resources for copyright free sound/music but my experience has been that the quality and availability is limited. Other than that the option is to bite the bullet and approach the copyright holders of the music you wish to use and see what they say - the normal practice is to have to pay a royalty for each unit shifted when you are talking small scale business.
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Old 30-03-2005, 1:27 PM   #3 (permalink)
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Just what I thought

Thanks, and that's what I had assumed was true.

If I try to pursue profits, I'll go the royalties route. Highly doubtful that I'll be starting a business anytime soon.
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Old 22-08-2005, 1:49 AM   #4 (permalink)
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OK, I'm back

I have been researching legitimate business' on the net to see how they approach the issue of using copyright protected music and here's what I've found. If a customer wishes to have copyright protected music included with their slideshow, then the customer must provide the original music source CD/tape (the one they bought from the store) to the company that is going to produce the slide show. I am guessing that practice is legal since the customer owns the CD that the song is coming from for their photo slide show and these business would not promote this service with the possible penalties they could incur.

If anyone knows any fact, I would like to hear them.

Thanks.
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Old 22-08-2005, 7:01 PM   #5 (permalink)
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you neeed a music license for distribution of any recorded media from the musicians or the musicians management. otherwise you should not distribute it full stop.
same with images technically, copyright holder holds the rights etc.

then again hands up everyone who made a mixtape in the 1980's.....
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