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weak help

31 posts · page 1 of 2

post #1
06 March 2006, 21:19 UTC#1
is it legal to use like some very underground bands from like 60's and or dead unknown artists for music in our dvd?

lets just say there is this band that was a total disaster

never recorded anything or signed any record deal and they all dead or very old is it legal to use it?

thanks for the help

Ex.
post #2
06 March 2006, 21:21 UTC#2
How can a dead person sue?
post #3
06 March 2006, 21:22 UTC#3
well thats the point
they cant


so is it legal?

im almost sure lsd riders did that aswell never signed anything
post #4
06 March 2006, 21:23 UTC#4
Of course, but the record label they got the music from could technically sue them. I doubt they would though.

My LSD riders came in today, it's fucking nuts
post #5
06 March 2006, 21:26 UTC#5
you are lucky dude :/

I want to see it badly and some wjdc stcikers which you dont want to send me because im black!

well anyway and if they dont have a record label?
post #6
06 March 2006, 21:28 UTC#6
Yeah, you'll be fine if there's no one who owns the rights to their shit.

I want to send you stickers, but I gotta figure out the prices and shit. You'll get them eventually :D
post #7
06 March 2006, 21:29 UTC#7
QUOTE(Wilbur @ Mar 6 2006, 09:28 PM) [snapback]298587[/snapback]

Yeah, you'll be fine if there's no one who owns the rights to their shit.

I want to send you stickers, but I gotta figure out the prices and shit. You'll get them eventually :D


yey!

finally people dont hate me because im black :)
post #8
06 March 2006, 21:30 UTC#8
And womp, im not black but I would like some stickers
post #9
06 March 2006, 21:32 UTC#9
I believe some very very old music like Beethoven is royalty free because it was created before copyright laws came into play, but aside from that I'm not sure what to tell you.

Just because the person is dead doesnt mean you cant still be sued. Whoever the rights holder is could still sue you.

I would worry about it man. It's very unlikely that you'll get in trouble.
post #10
06 March 2006, 21:33 UTC#10
QUOTE(Extazy @ Mar 6 2006, 03:19 PM) [snapback]298574[/snapback]

is it legal to use like some very underground bands from like 60's and or dead unknown artists for music in our dvd?

lets just say there is this band that was a total disaster

never recorded anything or signed any record deal and they all dead or very old is it legal to use it?

thanks for the help

Ex.



QUOTE(Wilbur @ Mar 6 2006, 03:21 PM) [snapback]298580[/snapback]

How can a dead person sue?


Rights to music, as with any other rights can legally be passed to other people in a persons will when they die. The royalties (money..ect) made from the music after the person dies, goes to the person/people/company/charity ect who is named in the will to recieve the rights and whoever retains the rights after the person dies can sue you if he/she wanted to because the rights belong to them now.
post #11
06 March 2006, 21:36 UTC#11
damn

its hard to find music for our dvd

I have alot of music but because im from not a regulary location I cant find any artists in some genres

like rap or electronical

thats why I wanted to know


another question is that legal to compose beats or shit like that in lets say cubase or sumthing simillar

is that legal to use commercially?
post #12
06 March 2006, 21:37 UTC#12
I got a question too. for our new dvd im using songs from bands that are signed and shit. what are the rules? I just cant sell the dvd right? I was gonna make a cover using PS and sell them for 5$ and say the dvd comes free with it?? that ok?
post #13
06 March 2006, 21:38 UTC#13
QUOTE(dgodlewski @ Mar 6 2006, 09:33 PM) [snapback]298594[/snapback]

QUOTE(Wilbur @ Mar 6 2006, 03:21 PM) [snapback]298580[/snapback]

How can a dead person sue?


Rights to music, as with any other rights can legally be passed to other people in a persons will when they die. The royalties (money..ect) made from the music after the person dies, goes to the person/people/company/charity ect who is named in the will to recieve the rights and whoever retains the rights after the person dies can sue you if he/she wanted to because the rights belong to them now.


even if im from Israel they will still chase me down to sue me?
post #14
06 March 2006, 21:45 UTC#14
QUOTE(Extazy @ Mar 6 2006, 03:36 PM) [snapback]298600[/snapback]


another question is that legal to compose beats or shit like that in lets say cubase or sumthing simillar

is that legal to use commercially?


As long as its totally orginal your fine.

QUOTE(CullenFF @ Mar 6 2006, 03:37 PM) [snapback]298601[/snapback]

I got a question too. for our new dvd im using songs from bands that are signed and shit. what are the rules? I just cant sell the dvd right? I was gonna make a cover using PS and sell them for 5$ and say the dvd comes free with it?? that ok?


Check this thread, it is basicly the same question:
http://homegrownforums.com/index.php?showtopic=11224

QUOTE(Extazy @ Mar 6 2006, 03:38 PM) [snapback]298603[/snapback]

QUOTE(dgodlewski @ Mar 6 2006, 09:33 PM) [snapback]298594[/snapback]

QUOTE(Wilbur @ Mar 6 2006, 03:21 PM) [snapback]298580[/snapback]

How can a dead person sue?


Rights to music, as with any other rights can legally be passed to other people in a persons will when they die. The royalties (money..ect) made from the music after the person dies, goes to the person/people/company/charity ect who is named in the will to recieve the rights and whoever retains the rights after the person dies can sue you if he/she wanted to because the rights belong to them now.


even if im from Israel they will still chase me down to sue me?


Copyrights are enforcable worldwide I believe. But I doubt that someone would take the time to get you as the legal fees would cost more then the gain from suing you.
post #15
06 March 2006, 21:46 UTC#15
ermm
I still dont want to risk anything :/

getting music is hard!
post #16
06 March 2006, 21:51 UTC#16
I don't see how this "you get it free with something, its legal" theory works. The fact is the music is copyrighted and unless you own the copyright or have bought the rights to use it, they could fuck you over if they wanted to. Just because your not selling it doesn't make it legal, other wise file sharing would be perfectly legal because its all done for free.
post #17
06 March 2006, 21:52 UTC#17
thanks dgodlewski
post #18
06 March 2006, 22:02 UTC#18
QUOTE(Belly @ Mar 6 2006, 03:51 PM) [snapback]298612[/snapback]

I don't see how this "you get it free with something, its legal" theory works. The fact is the music is copyrighted and unless you own the copyright or have bought the rights to use it, they could fuck you over if they wanted to. Just because your not selling it doesn't make it legal, other wise file sharing would be perfectly legal because its all done for free.


Its basically a loophole, or a gap in the law. From my understanding with copyright laws, there must be a personal gain from selling it for it to be subject to the laws. You are allowed to create "backups" of CD's and DVD's legally because there is no personal gain from it. Napster went down because the owner of it was making massive personal gain money wise with his program to distribute copyrighted material, and in terms of how many people used it ( 10's of Millions) very few people were actually charged (less then 20) and even then the number of people who had some sort of punishment is far less, so we are talking like 1% of the people who used the program being successfully charged in court.

If you sell a hoodie for 50 bucks and you get a "free" DVD with it, your not making your personal gain from the DVD, the money is coming from selling the hoodie. But you better be able to prove not one dollar came from the sale of a DVD.


QUOTE(CullenFF @ Mar 6 2006, 03:52 PM) [snapback]298613[/snapback]

thanks dgodlewski


Your welcome man.
post #19
06 March 2006, 22:04 UTC#19
QUOTE(dgodlewski @ Mar 6 2006, 10:02 PM) [snapback]298617[/snapback]

QUOTE(Belly @ Mar 6 2006, 03:51 PM) [snapback]298612[/snapback]

I don't see how this "you get it free with something, its legal" theory works. The fact is the music is copyrighted and unless you own the copyright or have bought the rights to use it, they could fuck you over if they wanted to. Just because your not selling it doesn't make it legal, other wise file sharing would be perfectly legal because its all done for free.


Its basically a loophole, or a gap in the law. From my understanding with copyright laws, there must be a personal gain from selling it for it to be subject to the laws. You are allowed to create "backups" of CD's and DVD's legally because there is no personal gain from it. Napster went down because the owner of it was making massive personal gain money wise with his program to distribute copyrighted material, and in terms of how many people used it ( 10's of Millions) very few people were actually charged (less then 20) and even then the number of people who had some sort of punishment is far less, so we are talking like 1% of the people who used the program being successfully charged in court.

If you sell a hoodie for 50 bucks and you get a "free" DVD with it, your not making your personal gain from the DVD, the money is coming from selling the hoodie. But you better be able to prove not one dollar came from the sale of a DVD.


QUOTE(CullenFF @ Mar 6 2006, 03:52 PM) [snapback]298613[/snapback]

thanks dgodlewski


Your welcome man.


I got all that, but then howcome downloading music is illegal? I make no personal gain from downloading music....I dont make money so tht make it ok?
post #20
06 March 2006, 22:07 UTC#20
QUOTE(Skipper @ Mar 6 2006, 10:04 PM) [snapback]298620[/snapback]

QUOTE(dgodlewski @ Mar 6 2006, 10:02 PM) [snapback]298617[/snapback]

QUOTE(Belly @ Mar 6 2006, 03:51 PM) [snapback]298612[/snapback]

I don't see how this "you get it free with something, its legal" theory works. The fact is the music is copyrighted and unless you own the copyright or have bought the rights to use it, they could fuck you over if they wanted to. Just because your not selling it doesn't make it legal, other wise file sharing would be perfectly legal because its all done for free.


Its basically a loophole, or a gap in the law. From my understanding with copyright laws, there must be a personal gain from selling it for it to be subject to the laws. You are allowed to create "backups" of CD's and DVD's legally because there is no personal gain from it. Napster went down because the owner of it was making massive personal gain money wise with his program to distribute copyrighted material, and in terms of how many people used it ( 10's of Millions) very few people were actually charged (less then 20) and even then the number of people who had some sort of punishment is far less, so we are talking like 1% of the people who used the program being successfully charged in court.

If you sell a hoodie for 50 bucks and you get a "free" DVD with it, your not making your personal gain from the DVD, the money is coming from selling the hoodie. But you better be able to prove not one dollar came from the sale of a DVD.


QUOTE(CullenFF @ Mar 6 2006, 03:52 PM) [snapback]298613[/snapback]

thanks dgodlewski


Your welcome man.


I got all that, but then howcome downloading music is illegal? I make no personal gain from downloading music....I dont make money so tht make it ok?


Yeah thats what im getting at... theres a good chance im wrong here becuause I don't know much about law... but I know downloading music is illegal becuase the artists are losing out on money that they should be getting.... the same ass they will be if your not paying royaltie for using their music.
post #21
06 March 2006, 22:10 UTC#21
QUOTE(Skipper @ Mar 6 2006, 04:04 PM) [snapback]298620[/snapback]

QUOTE(dgodlewski @ Mar 6 2006, 10:02 PM) [snapback]298617[/snapback]

QUOTE(Belly @ Mar 6 2006, 03:51 PM) [snapback]298612[/snapback]

I don't see how this "you get it free with something, its legal" theory works. The fact is the music is copyrighted and unless you own the copyright or have bought the rights to use it, they could fuck you over if they wanted to. Just because your not selling it doesn't make it legal, other wise file sharing would be perfectly legal because its all done for free.


Its basically a loophole, or a gap in the law. From my understanding with copyright laws, there must be a personal gain from selling it for it to be subject to the laws. You are allowed to create "backups" of CD's and DVD's legally because there is no personal gain from it. Napster went down because the owner of it was making massive personal gain money wise with his program to distribute copyrighted material, and in terms of how many people used it ( 10's of Millions) very few people were actually charged (less then 20) and even then the number of people who had some sort of punishment is far less, so we are talking like 1% of the people who used the program being successfully charged in court.

If you sell a hoodie for 50 bucks and you get a "free" DVD with it, your not making your personal gain from the DVD, the money is coming from selling the hoodie. But you better be able to prove not one dollar came from the sale of a DVD.


QUOTE(CullenFF @ Mar 6 2006, 03:52 PM) [snapback]298613[/snapback]

thanks dgodlewski


Your welcome man.


I got all that, but then howcome downloading music is illegal? I make no personal gain from downloading music....I dont make money so tht make it ok?


Its not that your downloading it, its that the programs, or most of them have some sort of advertising intergrated into them, so the owner of that program is making money off you downloading, and not kicking back any of the personal gain to the artists, making it illegal.

Copyright laws are much more complicated then this, and thats why there are lawyers who specialize in copyright law and make millions doing it. This advice is the "simple basic's" that I know, and I doubt 98% of the DVD's that would come out of homegrown would draw the attention of these lawyers to sue you.
post #22
06 March 2006, 22:20 UTC#22
Jum.. but if any of these groups get famous year afters, lawyers will look their last projects and sue them, like all the legal problems that Bam had with CKY videos.
post #23
06 March 2006, 22:24 UTC#23
QUOTE(mako @ Mar 6 2006, 04:20 PM) [snapback]298632[/snapback]

Jum.. but if any of these groups get famous year afters, lawyers will look their last projects and sue them, like all the legal problems that Bam had with CKY videos.


The decison is up to them. I never said do or dont do it. The best advice I can give is call a local lawyer and give up the 100 bucks for the advice and get it from someone more qualified then me if you think your DVD will draw that kind of attention and make that kinda of money. I'm under the assumption that most of the groups dont have 100 bucks to throw out for 20 mins of advice, so I am offering what I can.

One other thought: has anyone here even thought of actually contacting the bands and seeing if they would let you use their songs? I would venture to say that if you explained your project in artistic terms the bands might let you guys use some songs....the worst they can say is no...
post #24
06 March 2006, 22:28 UTC#24
I was just asking, but I didnt put the "?" at the end.

but if any of these groups get famous year afters, lawyers will look their last projects and sue them, like all the legal problems that Bam had with CKY videos, ,thats possible?
post #25
06 March 2006, 22:36 UTC#25
QUOTE(mako @ Mar 6 2006, 04:28 PM) [snapback]298645[/snapback]

I was just asking, but I didnt put the "?" at the end.

but if any of these groups get famous year afters, lawyers will look their last projects and sue them, like all the legal problems that Bam had with CKY videos, ,thats possible?


Its very possible. As for as I know there is no limitations for copyrights in terms of when a copyright would expire. Like I said, if you think your DVD has the potential to make allot of money, and be in the spotlight, your best bet would be to get a lawyers advice. There is a reason they get paid well... they know every little part of the law. I only know the criminal side very well, and copyright is mostly a civil matter. Two diffrent spectrums of the legal system.

Sorry if I sounded like I was jumpin at you... wasnt the case at all :D
post #26
06 March 2006, 23:09 UTC#26
dgodlewski, what if the person they're suing for using copyrighted material doesn't have any money?
post #27
07 March 2006, 01:02 UTC#27
QUOTE(dgodlewski @ Mar 6 2006, 10:24 PM) [snapback]298639[/snapback]

QUOTE(mako @ Mar 6 2006, 04:20 PM) [snapback]298632[/snapback]

Jum.. but if any of these groups get famous year afters, lawyers will look their last projects and sue them, like all the legal problems that Bam had with CKY videos.


The decison is up to them. I never said do or dont do it. The best advice I can give is call a local lawyer and give up the 100 bucks for the advice and get it from someone more qualified then me if you think your DVD will draw that kind of attention and make that kinda of money. I'm under the assumption that most of the groups dont have 100 bucks to throw out for 20 mins of advice, so I am offering what I can.

One other thought: has anyone here even thought of actually contacting the bands and seeing if they would let you use their songs? I would venture to say that if you explained your project in artistic terms the bands might let you guys use some songs....the worst they can say is no...


In the UK you're entitled to a free 30 minute consulation with a lawyer. Is that not the same in the US?
post #28
07 March 2006, 02:54 UTC#28
QUOTE(Wilbur @ Mar 6 2006, 05:09 PM) [snapback]298663[/snapback]

dgodlewski, what if the person they're suing for using copyrighted material doesn't have any money?


They can go after your "Assest's" which is basicly anything that is yours that is worth money. I donno exactly how that works though.

QUOTE(neKa @ Mar 6 2006, 07:02 PM) [snapback]298687[/snapback]

QUOTE(dgodlewski @ Mar 6 2006, 10:24 PM) [snapback]298639[/snapback]

QUOTE(mako @ Mar 6 2006, 04:20 PM) [snapback]298632[/snapback]

Jum.. but if any of these groups get famous year afters, lawyers will look their last projects and sue them, like all the legal problems that Bam had with CKY videos.


The decison is up to them. I never said do or dont do it. The best advice I can give is call a local lawyer and give up the 100 bucks for the advice and get it from someone more qualified then me if you think your DVD will draw that kind of attention and make that kinda of money. I'm under the assumption that most of the groups dont have 100 bucks to throw out for 20 mins of advice, so I am offering what I can.

One other thought: has anyone here even thought of actually contacting the bands and seeing if they would let you use their songs? I would venture to say that if you explained your project in artistic terms the bands might let you guys use some songs....the worst they can say is no...


In the UK you're entitled to a free 30 minute consulation with a lawyer. Is that not the same in the US?


Fuck no lol. Lawyers charge up the ass for basicly nething.
post #29
07 March 2006, 02:56 UTC#29
Nah almost every criminal lawyer out there will give you a free consultation man. I literally went to 5 different free consulations in 1 day. Saves you loads of money when you need legal advice but are not ready to retain a lawyer.
post #30
07 March 2006, 03:00 UTC#30
hey Weak I was wondering about filming people. like if I was on the street could I just walk along next to them filming them and they get pissed and shit and I stick my cam in there face or whatever thats legal right? but could I films a cop or what? what can I do pretty much?