Every once in a while we get a project that I would classify as "non-professional." This is no reflection on the quality of the project - I just mean that it comes from someone who doesn't produce or author DVD programs as their "livelihood." Inevitably these projects very often contain music or images that are covered under a copyright. Someone's favorite song - a movie clip, picture of a celebrity.... you name it.
Although some duplicators may see this as a "grey-area" - our policy has been, and will continue to be to make a phone call or send an email. In our correspondence we apologize for the fact that we can not - and will not - duplicate their program.
The client will usually defend their use of the popular music or familiar images with things like "this is fair-use" or "I'm not charging anyone for the copies they are a gift." The only thing to understand here is - it does not matter - a gift, a charity program or even a wedding video - you must obtain the right to use copyrighted content.
The fact is - no matter how you use it - you can not distribute or use copyrighted music or images without getting the permission of the owner or the publisher and sometimes from both.
Yes - it is probable in these cases - that nothing may happen to you or that the owner may not consider your use a "threat" to royalties or see this limited use as a "true" infringement on their rights - BUT (and this is a big but) - the law is the law and the law says you can't do it - so it is best you don't.
We try to educate our "non-professional" clients on this fact - and they are usually very appreciative -- after all - they will be the ones getting the notice of infringement - and the ones having to pay the fines. We want them to understand the law and understand we take it very seriously - so we will not and can not duplicate programs with content that they do not have the right to use.
Today the internet has helped make getting "royalty free" music and stock images much less expensive and puts it within reach of even the lowest budget "video maker." If you search the internet can find a number of affordable options for downloadable, royalty-free music that you can use in your programs. Here are just a few examples:
http://www.stockmusic.net/
http://www.soundrangers.com/sound-categories.cfm?cat_template=music
http://www.freshmusic.com/prod.html?xKey=839153
I know The Rolling Stones, Dire Straits and others may sound better, or you just want to use your favorite song - but unless you are willing to do the homework, gather the budget and trace down the person or company that owns the rights - leave it out of your program!
If you have questions on copyrights and the true meaning of "fair-use" here is a link to some more detailed information.
