Adding Recorded sound to Videos and Slideshows

I have a puzzler. I have just picked up a Zoom H4n to record above the water sound to add to my videos. I’m wondering where you draw the line on what is righteous to use. I understand about using previously recorded music and the need for rights free use to post anything on the net or use for commercial purposes. What about sounds you record yourself? I hoping you folks can provide some guidance. A couple of scenarios;

Let’s say you go to a village ceremony in PNG or Bali for example and record the ambient sounds of the local village music. Can you use this as a track in a video you put up on the web or at a film festival like San Diego?

Or you go to a dance where there is an admission fee like in Bali. Can you use the sounds recorded as an overlay sound track? What if you mix it with rights free music or other ambient sounds?

Or you record your dive buddy’s voices on the dive boat. Do you need to get some legal piece of paper signed to use it? Is there an equivalent of a modeling release for sound?

I can see where this could be a slippery slope, I’m trying to understand what is general practice. How do you guys handle this?

Cheers,

Steve

Steve, you seem to be worrying too much.... rum deficit?

Steve, you seem to be worrying too much.... rum deficit?

I can humbly attest that it couldn't be that. Probably pre trip jitters.

Steve

I can humbly attest that it couldn't be that. Probably pre trip jitters.

 

Steve

Shoot only marine life or your spouse (and make sure you are nice to her) and follow Jeff's advice. He is a doctor.

As to the other issues, gak, you could nuts with all the possibilites, like the fact that you could need a synch license if someone if performing a Beatle's song, for instance, and also a release from many, if not all, of the people in the video. Ditto if the material is coming over the speaker system. Lots of ins and outs, what ifs and the rest (this is all kind of broad stroke). Usually model releases will include performance/spoken word language in them to cover things like that.

Generally if things are real limited in scope of use (maybe showing at SDUFX for example) where people are not portayed negatively (or any reasonable person would not think it is negative) and that things are not going to be commercially exploited or put out there, I may say one thing, though I usually play conservative anyway. If I expect something to be more than that, then I go with releases and the rest. It is a slippery slope with many gray areas. And things may not always work out to what common sense would dictate as being the "right" answer. Some links to look through for fun, and make sure you have extra Rum....

http://www.lawdepot.com/contracts/FAQs/ModelRelease.php

http://www.simslaw.com/model/model_releases.htm

http://www.flemishdreams.com/index.php?opt...7&Itemid=67

http://rising.blackstar.com/when-do-you-ne...el-release.html

http://www.photoattorney.com/2007/04/photo...tently-are.html

http://blogs.law.harvard.edu/philg/2009/03...-model-release/

http://www.model-release-form.com/

http://www.socialmedia.biz/2007/07/12/do-v...l-release-form/

http://ezinearticles.com/?The-Myth-About-M...d&id=592149

http://fairuse.stanford.edu/Copyright_and_...ter12/12-d.html

http://www.flickr.com/groups/callforartist...57623254603752/

My understanding of fair use law is that if you are going to charge for people to see/hear it, you need to pay the artists but if it is for non-commercial use or as part of a competition even if the competition charges to get in you are free to use whatever you want. In both the PNG/Bali case, my understanding is that you are free to use whatever you record but as a matter of "ethical niceness" you might ask the village if they are OK with it or ask the band in Bali if they are OK for you to record. I think that if you are upfront with the performers no one will hassle you.

Bill

Thanks guys,

I think we set a new record for references to read. How did I know that would get Drew out of his chair? I'm comfortable with being straight with the performers, I'm more curious what the limitations are on some of the festivals like SUFEX and video competitions. Of course with my severly limited recording experience no one will probably be able to tell what it was any way.

Cheers,

Steve

Thanks guys,

I think we set a new record for references to read.

Nah, there is more out there...

How did I know that would get Drew out of his chair?

Did not even move, just typed....

I'm comfortable with being straight with the performers, I'm more curious what the limitations are on some of the festivals like SUFEX and video competitions.

Most competitions will have guidelines that you need proper releases and permissions for material submitted. Practically (and this is not legal advice) if there is a few seconds here and there of a group performance or something where someone is not made to look bad, many people will think it is kind of cool if they ever see it. If you placing it only in exhibitions for one showing or a couple of competitions the risk of an actual problem is going to be low.

For people on dive boats that you meet, you often will become friendly with them (and of course you also will find those who are not as friendly.) I know I keep in contact with those I struck up a relationship with and have sent them clips or photos, and if I ever decide to use those where they are seen, a quick email saying "Is it okay" will clear things up. Along the same lines, when shooting, try to keep these things in mind, get shots of the different people and also shots where people are not identifiable, you can grab those to keep the story moving when you come home to edit. Same thing for group performances, a little creative angles and timing can get you shots that you feel comfortable with.

If you are concerned, things like this iPhone Model release App could be something to have. I have not looked at that application in detail, more for concept. You could also just carry paper releases with you. In one of the links I gave above, there was a suggestion and discussion about just getting a video "okay" while filming. Though people of course had opinions on that one, even a couple of seconds getting an okay may be enough to make you feel less concerned when editing.

Don't get too hung up on the video aspect, meaning the same ideas generally that you would apply to your stills also apply, with a bit more (sound).

So when are you taking off? Can't believe the trip is almost here. Have a great time and looking forward to seeing the pictures and video.