On Feb 4, 2005, at 2:22 PM, Brent Randolph wrote:
For example, if she takes pics of a wedding, purchases the background music on iTMS, and creates a DVD to sell to the newlyweds, will we go to jail?
No, but not because it's legal, but because it's a civil violation. You cannot be jailed over a civil matter. You could face fines and lawsuits.
As a practical matter, you will also probably never get caught, unless the newlyweds or your wife start selling multiple copies commercially. These are one-off works for hire, for private viewing.
It's not a gray area of the law, but enforcement...well...it requires the copyright holders to take notice of it and bring action against you in court. Unlikely.
Technically, they were supposed to pay a public performance license for any recorded music played at the reception too.
You do not have the right to redistribute music in the license from the iTMS.
To put in terms your wife is probably far more familiar with, this is like taking some OTHER photographer's pictures of the wedding, setting them to original music and selling the DVD to the newlyweds, without getting permission or the rights, or paying the original photographer.
That said, like stock photography, there are huge libraries of royalty-free music available to purchase and use for exactly this purpose.
(This is why folks involved in the creation and sale of intellectual property should be on speaking terms with a lawyer versed in copyright law.)
-- Bruce Johnson University of Arizona College of Ph acy Information Technology Group
Institutions do not have opinions, merely customs
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