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Re: legal questions (again)

Posted by Mike Kujbida on 10/24/07 03:33

Bill wrote:
> Richard Crowley wrote:
>
>>
>>> I'm betting they will tell me you have to get permission from every
>>> individual copyright holder of each individual song played at the
>>> reception or recital.
>>
>>
>> That is precisely what the web page says is required.
>>
>> If it were me, I would give up at this point as impractical
>> (i.e. wildly beyond the proposed budget).
>
>
> That is correct. The CMRRA called me back. In the case of dance
> recitals, you can pay a flat rate for up to 10 songs for up to 30
> copies. Beyond that, it is individual negotiations with the owners of
> each song.
>
> For weddings-- it's hopeless. You must indeed obtain a separate
> agreement from the publisher of each individual song. I suggested to
> the woman who called me back that this was impractical for most wedding
> videographers and she replied that there was no way around it.
>
> I apologize if I raised anyone's hopes, that there could be a rational,
> manageable system for observing the letter of the law in situations like
> that.


There is - but you have to live in Australia to get access to it :-(
The organization is called the Australian Performing Rights Association.
The main site is http://www.apra.com.au/
Canada and the USA could learn a HUGE lesson from these folks about
making it easy for the small producer to use copy-protected music
without the headaches we experience.

Here's an example of the set-up for wedding videographers.
Details at
http://www.apra.com.au/music-users/making_records/weddings_and_other_domestic_videos.asp

Weddings and other domestic videos:

What does the Domestic Use Video Licence cover?

There are two licences available: a single event licence and an annual
licence. The fees for each of these are outlined below. Both cover
productions made for the purpose of supply to those who appear in them
and their private domestic use only.

The licences permit music that is played at the event to be captured in
the production. They also permit synchronising and dubbing from
commercial recordings in post production.

What isn’t covered?

The reproduction of sound recordings or music into the following are not
covered by the licences:

* Corporate videos, training films, videos that are commercially
marketed or made to sell to the public or for public screenings; and
* Videos that contain promotional or advertising material.

If you are recording music for these purposes, go to Synchronisation for
more information on how we can assist you with obtaining the appropriate
licence.

Domestic Use Licence – Single Event
Standard format (any format)
1 to 5 copies: $48.95
6 to 20 copies: $48.95 for the first five copies, plus $6.00 for each
extra copy up to and including 20 copies.
21 + copies: $138.95 for the first 20 copies, plus $5.00 for each extra
copy.

Each event must be licensed under a separate licence agreement. If you
video multiple events each year, the annual licence (see below) may be
more appropriate.

Domestic Use Licence – Annual

If you video a number of different events throughout the year, an annual
licence means you do not need to apply for a new licence for each event.
You are assigned a licence number that lets you film an unlimited number
of events per year, with a limit of 20 copies per event under the
Standard Format scheme, and 30 copies per event under the Standard plus
CD-ROM scheme. If you need to make additional copies you can do this by
applying for the single event licence.

We renew all current licences in June each year. As the fees are based
on the financial year, first time licensees will pay a pro-rata fee
according to the month they take out the licence. Licensees who renew
their agreement for subsequent financial years will pay the full annual
licence fee.

Standard format (video and DVD only)

Annual licence fee: $418.00

Standard plus CD-ROM (video, DVD and CD-ROM)

Annual licence fee: $605.00

 

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