Website Question (legal)?
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For discussion of the music business in general from studio administration, contracts, artist promotion, gigging, etc.
For discussion of the music business in general from studio administration, contracts, artist promotion, gigging, etc.
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- Posts: 82
- Joined: Sun Nov 07, 2004 10:01 pm
- Primary DAW OS: MacOS
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Website Question (legal)?
Hey gang,
I am designing my wesite right now and I would like to post some of the work I have done for TV and for Film with Quicktimes. My legal question is....
A few of the "on-air" promos I have done are for cable networks. The networks logo is in the quicktime. Do I legally need permission from the network to post these spots on my site? (some of the spots , have quotes from the movies they promo)
2nd part....
What if I cut the logo out somehow. Is that a work around?
All legal advice would be greatly appreciated....
MH
I am designing my wesite right now and I would like to post some of the work I have done for TV and for Film with Quicktimes. My legal question is....
A few of the "on-air" promos I have done are for cable networks. The networks logo is in the quicktime. Do I legally need permission from the network to post these spots on my site? (some of the spots , have quotes from the movies they promo)
2nd part....
What if I cut the logo out somehow. Is that a work around?
All legal advice would be greatly appreciated....
MH
DP 4,G4 DP 1.25 ghz, 1 gig ram,2408 mkI, MTP AV, Reason, Mach Five, iDrum, SoundSoap, Garritan Personal Orchestra,Ptools LE Mbox, Korg Triton, Oxygen 8, M-Audio Pro88 Controller, S4 Plus, FCP,DVD SP and many other goodies with pretty lights
A lot of people look at this as an issue of "exposure." That means, what are the chances they're going to find out about it, and then if they do, what are the chances they'll sue you?
Chances are that if they do find out, the worst that would happen is that you receive a "cease and desist" letter from their law firm. If you refused, and they sued you, they'd need to prove the damages you caused them, and they might also get a punitive damages, if they could convince a judge or jury that you used their property with reckless disregard of their rights.
Chances are that if they do find out, the worst that would happen is that you receive a "cease and desist" letter from their law firm. If you refused, and they sued you, they'd need to prove the damages you caused them, and they might also get a punitive damages, if they could convince a judge or jury that you used their property with reckless disregard of their rights.
recording: Mac Mini 2018 - 32GB RAM - 3.2 GHz 6-Core Intel Core i7 - two Focusrite Scarlett 18i20 - OS 14.7.2 - DP 11.34
mixing: Mac Mini M4 Pro - 64 GB RAM - Focusrite Scarlett Solo - OS 15.3.2 - DP 11.34
VIs and Plug-ins: hundreds (amassed since 1990)
mixing: Mac Mini M4 Pro - 64 GB RAM - Focusrite Scarlett Solo - OS 15.3.2 - DP 11.34
VIs and Plug-ins: hundreds (amassed since 1990)
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- Posts: 82
- Joined: Sun Nov 07, 2004 10:01 pm
- Primary DAW OS: MacOS
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Jim,
Thank you for that bit of information. It still makes me slightly nervous, what you say. I guess in my mind I was looking for someone to tell me "yeah its okay, go nuts". I am sure using my video editing apps and some graphics apps. I could get rid of the logo of the network. A few of the spots I did though, have clips of the films they are airing on a given night. For arguments sake lets say I did a spot for Movie network A and in that spot they have clips of (for arguments sake) Goodfellas, platoon, and Whos Harry Crumb? (some combo of films huh?). That is where I wonder if its really tricky. My other scenario is I did a spot for "Bank of Anywhere USA" That bank's logo is in the spot. The easy ones for me to use are the films I have done. Its just a producer or director of the film to ask, and they of course will say "yes, do it , it might help promote my film". I would love to know what you have done in this regard or anyone else out there.
Thank you for that bit of information. It still makes me slightly nervous, what you say. I guess in my mind I was looking for someone to tell me "yeah its okay, go nuts". I am sure using my video editing apps and some graphics apps. I could get rid of the logo of the network. A few of the spots I did though, have clips of the films they are airing on a given night. For arguments sake lets say I did a spot for Movie network A and in that spot they have clips of (for arguments sake) Goodfellas, platoon, and Whos Harry Crumb? (some combo of films huh?). That is where I wonder if its really tricky. My other scenario is I did a spot for "Bank of Anywhere USA" That bank's logo is in the spot. The easy ones for me to use are the films I have done. Its just a producer or director of the film to ask, and they of course will say "yes, do it , it might help promote my film". I would love to know what you have done in this regard or anyone else out there.
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All I could add is that it's fairly common for film and video production/post-production people to show their work on their web sites, logos and all. Whether it's 100% kosher is a matter between them and their consciences. Companies have a right to control their logos. Watch COPS some time, and you'll see they put the "Anonymizer" effect on t-shirts and posters, etc.
Again, I fall back to the exposure position. If you think Disney wants to spend their time going after small potatoes... and that's no slam on you... I'm a sole proprietor, and I consider myself small potatoes... It's a possibility. Typically, you would get a cease and desist request from their law firm first, before they took you to court. Then if you refused, they'd play hard ball.
Again, I fall back to the exposure position. If you think Disney wants to spend their time going after small potatoes... and that's no slam on you... I'm a sole proprietor, and I consider myself small potatoes... It's a possibility. Typically, you would get a cease and desist request from their law firm first, before they took you to court. Then if you refused, they'd play hard ball.
Yeah most clients do not really care if you show your work in the context of a 'demo'. So long as you really did some substaintial part of the piece shown.
Above folks are right in that a network is not going to care if you are replaying their logo on your web site so long as you are not using it to call them child molesters or something negative like that.
Above folks are right in that a network is not going to care if you are replaying their logo on your web site so long as you are not using it to call them child molesters or something negative like that.
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- Posts: 82
- Joined: Sun Nov 07, 2004 10:01 pm
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To all who replied;
Thanks alot for your input, and anyone else who wants to chime in please do. I think I will post some of these things anyway with the logo, I guess take my chances. Or maybe I'll chicken out last minute and only put up the audio clip. but again thanks
MH
Thanks alot for your input, and anyone else who wants to chime in please do. I think I will post some of these things anyway with the logo, I guess take my chances. Or maybe I'll chicken out last minute and only put up the audio clip. but again thanks
MH
DP 4,G4 DP 1.25 ghz, 1 gig ram,2408 mkI, MTP AV, Reason, Mach Five, iDrum, SoundSoap, Garritan Personal Orchestra,Ptools LE Mbox, Korg Triton, Oxygen 8, M-Audio Pro88 Controller, S4 Plus, FCP,DVD SP and many other goodies with pretty lights