FMP: Legalities

As a result of making the executive decision on having a sound track laid underneath the spoken audio I have come to realise that there may be some copyright and licensing issues when using this. With my contributor singing over the song ‘Come on Eileen’ by the Dexy’s Midnight Runners at the end of the film I know that this may also have some issues, however, when originally cutting this audio I made sure that it was only a 30 second clip and no more as I know from previous studies that this can be classed as fair use and is allowed for educational purposes, but we will still look further into this.

What is copyright?
Copyright applies to any medium.

* Original works
* Website and internet
* Written work including software and databases
* Theatre
* Music
* Artist works including photographs
* Spoken word and performers
* TV and film

This means that you must not reproduce copyright protected work in another medium without permission. This includes, publishing photographs on the internet, making a sound recording of a book, a painting of a photograph and so on. A copyright protected work can have more than one copyright, or another intellectual property (IP) right, connected to it.  For example, an album of music can have separate copyrights for individual songs, sound recordings, artwork, and so on.  Whilst copyright can protect the artwork of your logo, you could also register the logo as a trade mark.

Fair Use Policy

Fair use is a legal principle that provides certain limitations on the exclusive rights of copyright holders. The purpose of these guidelines is to provide guidance on the application of fair use principles by educational institutions, educators, scholars, and students who wish to copy, perform, or create a digital copy of a print musical score or record, copy, or download a recorded performance or recorded song under fair use rather than by seeking authorization from the copyright owners for non-commercial
educational purposes. These guidelines apply to fair use only in the context of copyright.

“Up to 10 percent of the work but no more than 30 seconds of the music or lyrics from an individual musical work.” http://www.umuc.edu/library/libhow/copyright.cfm

The track chosen by our editor has been deemed usable by my producer:

The track ‘Hot Like Fire’ was originally recorded by the well known artist Aaliyah in 1997, and then covered and performed by Jamie, from the band ‘The XX’ in 2010. The one we are using is a complete remix and is covered under the Creative Commons license on SoundCloud and is usable as long as we credit the remix, the original performer and refer to the track and link somewhere in the credits.

The new issue we have is that although we may be covered under the Fair Usage policy for assessment, for the 30 second clip of my contributor singing over the ‘Come On Elieen’ song by the Dexy’s Midnight Runners, we cannot release the film online or within festivals with this on unless we gain permission. My producer Dean has been hard at work trying to contact both the license holders, Universal Music and EMI records and is current negotiation talks with them to gain the rights.

In the meantime we have to have a disclaimer at the beginning of the film and acknowledge the artists in the credits at the end of the film:

Titles; Certain materials are included under the fair use exemption and have been used according to the multimedia fair use guidelines.

Credits;

“Come On Eileen”

Performed by “Dexy’s Midnight Runners”

Written by “Adams/Paterson/Rowland”

Mercury Music/EMI Publishing

“Hot Like Fire (Jamie XX Remix – ztrbx)”

Originally performed by “Aaliyah”

Written by “Mosley/Elliott”

Virgin Records/Atlantic Records

Song used under a creative commons license. Available on Soundcloud.

Until we have gained the rights to the end track we will not be releasing the film, unless an executive decision is made to take it off.

http://www.ipo.gov.uk/types/copy/c-about.htm

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About gailenepierre

Ambitious and driven but knows how to have funnnn :)

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