If one were to produce a dance documentary, what are the legalities of having the copyrighted music playing that the dancers are using for their routine?
Thanks
Thanks
Copyrighted music in dance documentary
- Thread starter Nemesis318
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You need to have written permission from the copyright holder to use the music in your documentary.
Ok, just want to clarify my question, I do not want to "use" the music in my documentary, but the music would end up being in the documentary from a situation like this:
I am filming some guys dancing out on the street and they have music playing on a radio and it gets recorded as part of the filming. In this situation does it fall under some sort of fair use?
Thanks again
I am filming some guys dancing out on the street and they have music playing on a radio and it gets recorded as part of the filming. In this situation does it fall under some sort of fair use?
Thanks again
You need to have written permission from the copyright holder if the music ends up in your documentary.
"Fair use" is quite specific and doesn't apply in your case.
"Fair use" is quite specific and doesn't apply in your case.
As directorik says, that isn't fair use. It's arguable that the street dancers aren't using the music properly either, although doubtful someone will pop them for it.
Btw, clearance doesn't necessarily mean you have to pay money. You could just get permission. Never hurts to ask.
Make sure you get permission first. If your film is done the rights holders have you over the barrel.
Dance moves are art too. Make sure the dancers sign a release that states that they are granting rights to you regarding their choreography and dance.
I did a documentary a few years ago about street musicians. I didn't know better at the time, so I never cleared any music in it. Consequently, I can't do anything with it until I do -- including sending it to festivals or putting it up online. And this was all music these guys were playing in the subway or on the street, in between interviews. You can't assume filming something like that is just going to be "fair use."
Look up the documentary Mad Hot Ballroom by Marilyn Agrelo, about 5th-grade kids getting ready to compete in a NYC public school ballroom dancing contest. Almost half of the budget was used to clear music rights. This was music playing at the ballroom competitions, and in their rehearsals. Some footage couldn't be used because they couldn't afford the rights.
Here's a link to an interview about the budget and what they went through to license the music:
http://blog.stayfreemagazine.org/2005/06/mad_hot_ballroo.html
It's a really wonderful documentary, by the way!
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Look up the documentary Mad Hot Ballroom by Marilyn Agrelo, about 5th-grade kids getting ready to compete in a NYC public school ballroom dancing contest. Almost half of the budget was used to clear music rights. This was music playing at the ballroom competitions, and in their rehearsals. Some footage couldn't be used because they couldn't afford the rights.
Here's a link to an interview about the budget and what they went through to license the music:
http://blog.stayfreemagazine.org/2005/06/mad_hot_ballroo.html
It's a really wonderful documentary, by the way!
.
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I have Donaldson's book right here. It's an excellent resource.
"Fair use" is very specific and very limited. Just because you
capture music on the street - in this example from a boombox
or audio system - doesn't mean the music captured can be
used in a documentary. Even if the dancers have paid for public
performance rights the filmmaker who captures the songs cannot
reproduce the songs in an audio visual work.
Did these dancers know they were gonna be in a movie? Were they cast and called to appear in front of the camera or was their expectation only to perform for people on the street? Were they paid?
The Documentary Filmmaker's Statement of Best Practices in Fair Use is available in PDF form here. If the use doesn't fall in one of the categories listed in that document, you should definitely get clearance (I'd get a knowledgeable attorney to make the final determination). Even if it does fall into one of the categories, I'd still suggest getting clearance because even if your appropriation of copyrighted material is considered Fair Use, it make take a lengthy and costly legal case to ultimately be vindicated.
Of course, IANAL, but plenty of people out there are, and quite a few of them make a living going after those people who don't dot their i's and cross their t's with relation to copyright law. It's always better to be safe than sorry, in my opinion.
Of course, IANAL, but plenty of people out there are, and quite a few of them make a living going after those people who don't dot their i's and cross their t's with relation to copyright law. It's always better to be safe than sorry, in my opinion.
Like the lawyers who went after Men at Work down in Australia. So trivial but so then a lot of money was made. You usually have to make a lot of money or get significant attention before anyone takes aim at you with dollar signs in their eyes.
As a music publisher who licenses songs for all kinds of use, my suggestion is to get everything you can in writing for music, actors, passerby's, literally everybody and everything. When all is said and done, you may not need any of it, but you've covered your butt.
Theresa
Theresa