Posted: Sep 2, 2007 10:29 pm |
Edited by: Rachelandthecity
I know with sound you can use a portion of audio as long as it's under a certain time, relevant to the story, and not for profit
My recollection is a little cloudy from doing music supervision 4 years ago for RCN - but that whole 8 seconds scenario is not true at all. (you can use so much without having to get permission.)
Even if it's for not for profit - you still have to get a release - now that's not to say that anyone would actually come after you or anything would happen - so, when you use it it's at your own discretion - but at Ardent Records we are constantly dealing with students who want to use material for projects and not for profit type stuff.
Now, I think there is a come type of clause for things that are considered newsworthy - and thas how news organizations get around having releases signed for everything - but if they do some type of montage sequence with music under it - it's probably covered under their ASCAP agreement. At RCN we had a lawyer on staff and we were constantly working with many different scenarios- so take everything I say with a grain of salt!!! Once I interviewed BB King at BB King's in NYC and we asked if we would use 20 seconds of footage of his performance that night, he said absolutely, his manager signed a release, but BMI still ended up making us pay 1800 to use it!!! And it was a show about how BB KIng's was voted the best place in the city to see live music!!!
BTW, I recently heard that Univeral released the rights to any of their songs to be used in Youtube Videos or something - but of course, we re supposed ot be talking about photos.
For photos - I would assume you would go by the same guidlines as you would for publishing them to the web:
1. Photographs are covered by copyright law the moment they are developed in the photo lab. Do not use someone else's photos unless you have their permission, and it's always a good idea to give credit to the photographer as a courtesy.
2. When adults are featured in a photo and they are easily identifiable (i.e., they are the main or only subject of the picture), make sure you have their permission. Newspaper and magazine photographers carry with them release forms, which they ask the subjects to sign. Release forms basically say, "I give my permission for the photos taken of me on this date to be used by this magazine in any way the magazine staff chooses." A release form protects against possible law suits. You might not need it for your website; you'll have to decide if there is any risk involved.
3. When children are identifiable in a photo, do NOT use this picture without permission of their parents or guardians. Frequently, schools ask for signatures on release forms at the beginning of each school year. This can include use of photos on their websites.
4. Group shots, silhouettes, long-distance views, and other photos that don't feature anyone in particular require no special permission for publishing on the Web. But you may still need the photographer's permission to republish - and again, it''sa good idea to give the photographer credit
Now, if this thing is only going to be shown to your instructor and/or your class - there's not much to worry about because probably no one there has any interest in questioning whether you received permission.
But if I saw a photo that I had taken in a PSA and had not been asked my permission - even though it was for a non-profit or for a good cause, etc - I would probably be upset simply because the user didn't have the courtesy to ask.
Of, course does everyone follow these guidelines - nope, I know that I don't.
The real question I guess is - who is your audience and what is the scenario in which if you choose not to follow these guidlines how can it come back to bite you in the ass - i think Perex Hilton is currently getting sued for 4 million bucks.
Anyway, you should probably just ask Theresa K.