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Music copyright for a non commercial documentary

 
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gregoirecers
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Joined: 19 Jan 2011
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PostPosted: Wed Jan 19, 2011 2:32 pm    Post subject: Music copyright for a non commercial documentary Reply with quote

Hello,
I'm a student and for a project I would like to do a documentary on Bristol music scene and I wish to put some samples of videoclips and of music to illustrate my documentary. As it is a student project I don't have any intention of publishing it! so I was wondering:
-do I still need to contact people who hold the right to these songs and videoclips?
-If I put a little sample of less than 30seconds writtting from who is it made, do I still have the right to use it?
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AndyJ
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PostPosted: Wed Jan 19, 2011 7:17 pm    Post subject: Reply with quote

Hi,
I assume that when you say you are a student, this project is directly concerned with your course. If that is the case then I think what you propose may be covered by Section 32(2) (shown in red below). For the sake of clarity, here is what the whole of Section 32 says:
"32. Things done for purposes of instruction or examination.
(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—
(a) is done by a person giving or receiving instruction,
(b) is not done by means of a reprographic process, and
(c) is accompanied by a sufficient acknowledgement,
and provided that the instruction is for a non-commercial purpose.
(2) Copyright in a sound recording, film or broadcast is not infringed by its being copied by making a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks, provided the copying—
(a) is done by a person giving or receiving instruction, and
(b) is accompanied by a sufficient acknowledgement,
and provided that the instruction is for a non-commercial purpose.

(2A) Copyright in a literary, dramatic, musical or artistic work which has been made available to the public is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—
(a) is fair dealing with the work,
(b) is done by a person giving or receiving instruction,
(c) is not done by means of a reprographic process, and
(d) is accompanied by a sufficient acknowledgement.
(2B) The provisions of section 30(1A)(works made available to the public) apply for the purposes of subsection (2A) as they apply for the purposes of section 30(1).
(3) Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions, provided that the questions are accompanied by a sufficient acknowledgement].
(3A) No acknowledgement is required in connection with copying as mentioned in subsection (1), (2) or (2A), or in connection with anything done for the purposes mentioned in subsection (3), where this would be impossible for reasons of practicality or otherwise.
(4) Subsection (3) does not extend to the making of a reprographic copy of a musical work for use by an examination candidate in performing the work.
(5) Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, it shall be treated as an infringing copy for the purpose of that dealing, and if that dealing infringes copyright for all subsequent purposes. For this purpose “dealt with” means—
(a) sold or let for hire, offered or exposed for sale or hire; or
(b) communicated to the public, unless that communication, by virtue of subsection (3), is not an infringement of copyright.


But there are some provisos. I am not 100% sure that a course project is "for the purpose of instruction" as required by this Section. However it would seem logical that it is. Secondly the Act is very clear that any work you do make is only held to be non-infringing when is it being performed (ie played back) to an audience exclusively made up of other students and members of staff. That is not considered a 'public performance' (Section 34). So your video cannot be shown outside of the educational establishment, and it cannot be shown if parents or other members of the public are present, or it loses its special non-infringing status (Section 32 (5)).
However, I suggest you get advice from a tutor or other member of staff before starting your project.
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gregoirecers
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PostPosted: Thu Jan 20, 2011 2:53 pm    Post subject: Reply with quote

Thank you very much! That is a great help for me!
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typonaut
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Joined: 31 Dec 2010
Posts: 79
Location: London

PostPosted: Sun Jan 23, 2011 1:22 am    Post subject: Reply with quote

I don't have any references on this, but I think "in the course of instruction" most likely means "while demonstrating how to make/edit film/sound", not creating educational projects.

So, I think your project is not covered by this exception.

However, I think that you can probably rely upon the fair dealing exceptions for research and private study in s29 of the CDPA 1988 (but this requires that there is no showing of the project to the public).

Further, infringement would require using the whole or a substantial part of a work ("substantial" is open to interpretation), so very short clips probably would not infringe. The longer the clips, the more chance there is that they would infringe.

There is no easy measure off this, but a 30 second clip of a 45 second original is clearly "substantial", whereas a three minute clip of a three hour original may not be.

But, actually tracing the owners and asking permission is good practice (ie a good thing to do in general, and good training), you may even receive some credit for doing this from those assessing your work.
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