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    Wedding Videos -- Copyright is Copyright

    By Debbie Henthorn | Yahoo! Contributor Network – Tue, Dec 13, 2011
    This story comes from the Yahoo! Contributor Network, where individuals publish their unique perspectives on some of the world’s most popular websites.
    Do you have a story to tell? Become a Yahoo! contributor

    COMMENTARY | The wedding video business recently received a wake-up call: It is not immune from copyright lawsuits. While it might not have been the first lawsuit of its kind, ABC News reports a viral wedding video has resulted in some videographers removing their work from the Internet.

    In a July People article, the work of videographer Joe Simon Films, highlighting Tony Romo's marriage to Candice Crawford, was compared to a "blockbuster movie trailer." The soundtrack was Coldplay's "Fix You."

    There's one small problem -- Simon didn't license the song. He was slapped with a request for $150,000 for violating copyright, Simon told Ron Dawson at Dare Dreamer magazine. The issue was eventually settled for less, but it was a huge setback for the small-business owner.

    Any photographer or videographer would claim their copyright was being violated if their intellectual property was copied without permission. Why do they think it's acceptable to use music they haven't licensed?

    The premise of the lawsuit filed in 2009 by BMI against a small bar in Iowa is similar to the claims of copyright infringement against Simon. In that lawsuit, which also named Taylor Swift as a plaintiff, a federal judge found in favor of the music industry. The Sports Cellar was permanently banned in July 2010 from playing any music from BMI's catalog, was fined $30,000 and ordered to pay legal fees for BMI.

    There's a difference between buying a song on iTunes for your own personal use and using copyrighted music to achieve financial gain. In the case of the viral video, Simon was paid to provide a service -- a video celebrating his clients' big day. By using a copyrighted song without the proper licensing fee, the videographer stole from the copyright holder.

    ASCAP, with a library of more than 8 million songs, offers licensing for synchronization rights. This license is specific to audio-visual work and would be perfect for a wedding videographer. ASCAP even offers specific licenses for professional photographers and video services.

    Small-business owners are required to pay for permits and licenses to operate. It should come as no surprise that using a popular song will require payment. Couples who want to post their wedding videos set to copyrighted music on the Internet should prepare to pony up some more cash.

     

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