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Permissions for demo?
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Jeffrey Kafer
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PostPosted: Thu Jan 18, 2007 4:23 pm    Post subject: Permissions for demo? Reply with quote

So I'm looking to spice up my reels (aren't we always?) with some Sound effects and better music. Do I have to use royalty-free or can I use anything since I'm not actually selling my demo?
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Deirdre
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PostPosted: Thu Jan 18, 2007 4:31 pm    Post subject: Reply with quote

Here's what I heard from Todd Rundgren's publisher: If it's not for broadcast, anything goes.
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Donovan
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PostPosted: Thu Jan 18, 2007 6:10 pm    Post subject: Reply with quote

I have a friend who just graduated law school and is doing copyright law...that being said, I asked him the very same question. He told me that while using protected material in something that is not being used for profit may present a much lower chance of being caught, it is still illegal use of that material. He said that if the owner of said material (music, copy, etc) just happened to overhear his/her stuff on your demo, they'd have full legal grounds to sue. He also acknowledged that while the chance of this happening is close to none, it is still very much a violation of that person's copyright.

All that to say...go for it, but know that there is a 0.000007% chance you could get in trouble for using copyright protected material.
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Yoda117
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PostPosted: Thu Jan 18, 2007 6:45 pm    Post subject: Reply with quote

what Donovan said is 100% correct.

and while it is very uncommon, I know of two VAs who have received C&Ds for using licensed materials in their demos (one of whom was actually taken to court)
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Mike
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PostPosted: Thu Jan 18, 2007 7:11 pm    Post subject: Re: Permissions for demo? Reply with quote

JeffreyKafer wrote:
So I'm looking to spice up my reels (aren't we always?) with some Sound effects and better music. Do I have to use royalty-free or can I use anything since I'm not actually selling my demo?


You may not be selling it, but it is still part of your business and is being used to promote that business. Therefore it is being used for profit. I checked with ASCAP some years ago when this issue came up on this board (or the previous one. I forget) after I was soundly shouted down when I said such use was illegal. ASCAP confirmed that such use was certainly illegal without permission from the copywrite owner.

As for not being caught. Well, yes that's true, but would you want your own VO work to be used without your permission?

Cheers.

Maiku.
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Dave
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PostPosted: Thu Jan 18, 2007 8:31 pm    Post subject: Re: Permissions for demo? Reply with quote

JeffreyKafer wrote:
So I'm looking to spice up my reels (aren't we always?) with some Sound effects and better music. Do I have to use royalty-free or can I use anything since I'm not actually selling my demo?


Hi Jeff,

There's plenty of inexpensive resources out there... why not just go ahead and start your production "library" and forget about all the legalities (which I agree with the others by the way...don't do it).

If you can stand $99 you can get a great starter library of royalty free production music from Digital Juice http://www.digitaljuice.com/ or if there's just no budget at all... google the web for "free sfx" etc. It may take a little time to wade through the junk but there are decent things available with a little effort.

Dave
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Bruce
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PostPosted: Thu Jan 18, 2007 9:22 pm    Post subject: Reply with quote

If it's really popular music, such as a hit song or famous theme music, I wouldn't do it just for the cheese factor. People will know you didn't get permission and will know it's a fake spot. Demos are meant to give people the impression of what you would do or have done under real circumstances. Something that distracts them from that notion could ruin your desired effect.

Pop for some inexpensive royalty free music off the Internet. It'll be worth it.

B
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Jeffrey Kafer
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PostPosted: Fri Jan 19, 2007 2:16 am    Post subject: Reply with quote

Thanks everyone. I was able to find some royalty-free stuff on the web.
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Deirdre
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PostPosted: Fri Jan 19, 2007 7:27 am    Post subject: Reply with quote

Let's push this a step further:
What about using a snippet of a spot YOU DID for someone?

Copyrighted text, copyrighted music.

Can you legally use it on your demo?
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Tom Greenlee
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PostPosted: Fri Jan 19, 2007 7:58 am    Post subject: Reply with quote

Very good question D....I'm very curious to hear the answer to that.
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Yoda117
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PostPosted: Fri Jan 19, 2007 8:29 am    Post subject: Reply with quote

The answer is... depends.

More often than not, it's no problem (although to cover your butt, asking never hurts).

That said, I've got more than a few spots under my belt that for proprietary or other reasons I am not allowed to use in my reel.

Usually though, I find this more to be an issue with industrials, rather than commercial VO.

FWIW: I just read an article about an RIAA lawsuit against a DJ who was not selling or making money on his efforts, but was using unaltered music tracks as bg for whatever kind of music he does... so apparently there is more than a little precident here to go after someone for this kind of thing.
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Last edited by Yoda117 on Fri Jan 19, 2007 8:40 am; edited 1 time in total
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sdelgo
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PostPosted: Fri Jan 19, 2007 8:36 am    Post subject: Reply with quote

Jeff, I sent you a PM regarding...

Steve
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Bruce
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PostPosted: Fri Jan 19, 2007 10:12 am    Post subject: Reply with quote

I believe using snippets of work you've done on your demo would come under of the more lenient copyright provisions, such as the ability to quote short passages of an author to illustrate your point. Plus, most of the material that you would use has been offered to hundreds and even millions of members of the public to listen to, so anyone would have a devil of a time trying to sue you for presenting short segments.

I have never heard of anyone being asked to yank something legit from their demo so I'm guessing it's a very rare occurance.

B
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Yoda117
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PostPosted: Fri Jan 19, 2007 10:20 am    Post subject: Reply with quote

Bruce wrote:
I believe using snippets of work you've done on your demo would come under of the more lenient copyright provisions, such as the ability to quote short passages of an author to illustrate your point. Plus, most of the material that you would use has been offered to hundreds and even millions of members of the public to listen to, so anyone would have a devil of a time trying to sue you for presenting short segments.

I have never heard of anyone being asked to yank something legit from their demo so I'm guessing it's a very rare occurance.

B


Again, it depends on the material from the VO.

For commercial VO, probably not. For industrials, especially when you deal with items relating of a proprietary nature, or similar materials, you betcha that you'd be asked to keep it off a demo.
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bobsouer
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PostPosted: Sat Jan 20, 2007 8:47 am    Post subject: Reply with quote

Deirdre wrote:
What about using a snippet of a spot YOU DID for someone?

Copyrighted text, copyrighted music.

Can you legally use it on your demo?

Deirdre,

This is why I make it a point to ask permission from the agency and producers as part of my request for a "copy for possible use in my demos."
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