Hi guys,
I'm thinking about making a slideshow with some photos from my project. What is the legal mambo-jumbo about using music in it. Can I use a song purchased as mp3 file without any problems even if I decide to later upload it into YouTube ?
Thanks for the info.
It depends on the license granted, but realistically, no, you cannot use an MP3 you purchased in the way you're intending.
As an example, here is a subset of Amazon's terms for MP3 sales:
2.1 Rights Granted. Upon payment for Music Content, we grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial, entertainment use, subject to the Agreement.
2.2 Restrictions. You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set forth in Section 2.1 above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Music Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content.
Putting the music as a video soundtrack and uploading it to Youtube would be classed as at least redistribution and/or broadcasting, probably many more when the lawyers got at it.
While those are Amazon's terms, every other MP3 supplier will have virtually identical terms. You pay 99 cents to allow you to enjoy the song in your home in the normal way, not to use it to publicise your video (which again would be how the lawyers saw it).
If you want to use commercial music, you need a letter from the commercial rights holder permitting the use in the way you intend. (Note that in many cases, the commercial rights holder for a track is not the artist/band but the record label). If you don't have that, you should stick to public domain music, or music with licenses suitable for your purposes (such as creative commons licenses).
Of course, lots of people don't obey these rules, and many get away with it. YouTube will detect many popular tracks and either block you from uploading the video, or remove the soundtrack entirely, but if it doesn't, that still doesn't mean you're OK if you're using a copyrighted piece without permission.
I don't know the actual websites to direct you to, but there are websites where you can get music that has been made available for free use. I know several people who have done slide shows using open license music. Maybe do a Google search to see what you can find.
I hadn't even thought of any of this when I did my video for the end of my 365 year one... I'll call my attorney friend (he's in consumer law)... I imagine he'll have the right answer.
He's the one that told me that TECHNICALLY, if you buy a movie or dvd on blu-ray you can't legally let a friend borrow it to watch without permission from whichever company has distribution rights. Also, TECHNICALLY, you can't put the dvd/blu-ray in and press play if there are more then 8 people in the room without permission since anything over 8 is considered a public viewing. (he's also the one that told me Adobe unintentionally did provide free legal downloads of CS2 because, per the EULA wording, they are granting legal use of the software to anyone that downloads it from that one link).
okay, here's what my lawyer friend responded with..... it IS copyright infringement unless its in the free domain or you have purchased a license to use it in a slideshow that will be viewed by the public. However, he also stated the music industry has finally come to understand that this specific type of copyright infringement tends to generate business, which is why Google + will not remove photo slideshows that use copyright music and the music industry is okay with that. BUT... for the music industry to be okay with it, in the description of the video, you must include certain information: song title, artist, distribution company.... and if you include a link to either amazon or iTunes to where it can be purchased, that's even better. It is still technically copyright infringement, but then, nearly everyone that has posted photos here on 365 have infringed on copyright laws since you can't legally post photos of quite a few landmarks and labels. There's a thread here somewhere about that as well. I'll find it and link it.
Look for music released under CC Creative Commons which means you can use the music for free in your project. You mayy be asked to credit the author. A little Google will bring up plenty sites to download high quality tunes to complement your slideshow. http://creativecommons.org/music-communities
@terryvet92@jsw0109@styru@godders Thank you guys, for your time and effort to reply. I did what many of you suggested and find a song from Creative Common web site. Just because I don't like to worry about things. I'll post my slideshow tonight.
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http://creativecommons.org/legalmusicforvideos
As an example, here is a subset of Amazon's terms for MP3 sales:
2.1 Rights Granted. Upon payment for Music Content, we grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial, entertainment use, subject to the Agreement.
2.2 Restrictions. You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set forth in Section 2.1 above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Music Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content.
Putting the music as a video soundtrack and uploading it to Youtube would be classed as at least redistribution and/or broadcasting, probably many more when the lawyers got at it.
While those are Amazon's terms, every other MP3 supplier will have virtually identical terms. You pay 99 cents to allow you to enjoy the song in your home in the normal way, not to use it to publicise your video (which again would be how the lawyers saw it).
If you want to use commercial music, you need a letter from the commercial rights holder permitting the use in the way you intend. (Note that in many cases, the commercial rights holder for a track is not the artist/band but the record label). If you don't have that, you should stick to public domain music, or music with licenses suitable for your purposes (such as creative commons licenses).
Of course, lots of people don't obey these rules, and many get away with it. YouTube will detect many popular tracks and either block you from uploading the video, or remove the soundtrack entirely, but if it doesn't, that still doesn't mean you're OK if you're using a copyrighted piece without permission.
He's the one that told me that TECHNICALLY, if you buy a movie or dvd on blu-ray you can't legally let a friend borrow it to watch without permission from whichever company has distribution rights. Also, TECHNICALLY, you can't put the dvd/blu-ray in and press play if there are more then 8 people in the room without permission since anything over 8 is considered a public viewing. (he's also the one that told me Adobe unintentionally did provide free legal downloads of CS2 because, per the EULA wording, they are granting legal use of the software to anyone that downloads it from that one link).
Look forward to seeing the slideshow!
Feeling Blue - my 365
http://creativecommons.org/music-communities