help.....scoring my film

[HuntingtonGault]

I'm trying to take a music track from a cd I own and use it for my home vid. But everytime I try and capture the audio it says it is protected. I paid for this cd and I want to use the music any way I see fit. So, any suggestions on how to do this would be sweet.

[tlatosmd]

CD sound Output --> PC Input. Easiest version.

[Lunar07]

......................
I paid for this cd and I want to use the music any way I see fit.

You paid for a license which does not give you any right whatsoever to use the music in any way you see fit beyond restricted personal use. In other words, you do not own the music. You own the license to use it conditionally. Read the fine print my friend :-D

[sooper8fan]

go to download.com and search for "AudioGrabber". You should find it and it should be free. You simply tell it what tracks you want to grab and it will pull them off as .wav files. Then you can convert those files into .MP3 if you want. You can grab a whole CD in just a few mintues, and the MP3 process is the same.

License, schmicense. Why did you even buy the CD?? Download the stupid song for free!

Lunar07 wrote:

Read the fine print my friend

I highly doubt he's going to be distributing anything. Probably watch it a home a few times and show some friends....anybody who had a problem with that obviously has nothing better to do. If this was going to be entered in a festival or sold on DVD, then I'd say he better get legal permission. Otherwise, screw the fine print my friend.

[monobath]

I just got finished reading "The Ultimate Filmmaker's Guide to Short Films". According to the author, Kim Adelman, you can use music that you don't have the rights for on the festival circuit so long as you don't try to market your film commercially. She quotes David Russell, film sales agent and distributor for Big Film Shorts... "It's not legal, but you aren't going to get busted for it."

Personally, I wouldn't do it if I planned to submit the film to a festival no matter how many people assured me I wouldn't get sued... Too big a risk. But for your own personal use, who cares? I'd do it if I felt it enhanced my film.

According to Kim Adelman you have to have a sync license (the rights to the song itself) and the master license (a particular performer's rendition) for any music you use.

[jpolzfuss]

I just got finished reading "The Ultimate Filmmaker's Guide to Short Films". According to the author, Kim Adelman, you can use music that you don't have the rights for on the festival circuit so long as you don't try to market your film commercially. She quotes David Russell, film sales agent and distributor for Big Film Shorts... "It's not legal, but you aren't going to get busted for it."

When doing this in Germany, you'll still need to pay GEMA-fees in advance, since this is still a "public presentation" of the music. (GEMA is a company that collects all those fees from "public presentations" and passes it to the artists or the company holding the rights for the music.)

[mattias]

You paid for a license which does not give you any right whatsoever to use the music in any way you see fit beyond restricted personal use.

copying is necessary for many applications that are considered to fit within "restricted personal use", like downloading to your mp3 player and so on. don't read the fine print to closely. copyright holders always try to limit your rights to less than what the law allows you.

on the mac there's a program called soundflower which has saved me plenty of times. it lets you route audio output from one program to the input of another.

/matt

[mattias]

When doing this in Germany, you'll still need to pay GEMA-fees in advance, since this is still a "public presentation" of the music.

i don't think that's true. it's the festival that pays those fees. all you need is the sync rights (the recording) and music license (the song) or if you count on not getting "busted" you can disregard that too. i wouldn't though. not only am i afraid of getting sued, it's also not fair to the musicians nor the other filmmakers who have to pay for their music.

/matt

[Lunar07]

I was replying to his note: <i>to use the music as he sees fit</i>. The guy thinks he owns the rights to use the music in any way he likes. I was turning his attention to the fact that he does not. Now, you want to read the fine print or not, this is entirely up to you and him. This is beside the point actually. Fact is: you do not own the right to use the music <i>as you see fit</i> just because you bought the CD.
Of course you can grap/rip a track - but that is not what I was commenting on. Read what I wrote, <i>my friend</i> and the context it iwas written in.
As to the license - buying a CD is like buying a DVD or a VHS tape. You are buying it for your personal use not to use as you see fit.

go to download.com and search for "AudioGrabber". You should find it and it should be free. You simply tell it what tracks you want to grab and it will pull them off as .wav files. Then you can convert those files into .MP3 if you want. You can grab a whole CD in just a few mintues, and the MP3 process is the same.

License, schmicense. Why did you even buy the CD?? Download the stupid song for free!

Lunar07 wrote:

Read the fine print my friend

I highly doubt he's going to be distributing anything. Probably watch it a home a few times and show some friends....anybody who had a problem with that obviously has nothing better to do. If this was going to be entered in a festival or sold on DVD, then I'd say he better get legal permission. Otherwise, screw the fine print my friend.

[mattias]

I was replying to his note: <i>to use the music as he sees fit</i>. The guy thinks he owns the rights to use the music in any way he likes.

yes, i agree. but you went overboard the other way with your reply. if you both stay in the boat it will be steadier. :-)

/matt

[Lunar07]

You paid for a license which does not give you any right whatsoever to use the music in any way you see fit beyond restricted personal use.

copying is necessary for many applications that are considered to fit within "restricted personal use",
..............................

Exactly - within "restricted personal use" and not the general blanket of "as he sees fit."

[Lunar07]

I was replying to his note: <i>to use the music as he sees fit</i>. The guy thinks he owns the rights to use the music in any way he likes.

yes, i agree. but you went overboard the other way with your reply. if you both stay in the boat it will be steadier.

/matt

Good point

[odyssic]

I've read the same thing. Kuchar uses many tracks from old hollywood movies and he writes that so few people see the films no one will care. However, if it ever starts making money someone might suddenly want to sue you, but until then... sue me for what?

Steven

[monobath]

I've read the same thing. Kuchar uses many tracks from old hollywood movies and he writes that so few people see the films no one will care. However, if it ever starts making money someone might suddenly want to sue you, but until then... sue me for what?

Steven

It can't make money. No one will risk buying rights for distribution and marketing if all the paperwork, licenses, releases, etc., are in order. By using music or material for which you don't own the rights, you are relagating your film to virtual obscurity.

[Kalu]

Go vinyl.