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General Chat Thread, Using a copyrighted song in fundraising in General; I mentioned a while back that some of the staff here had done something for comic relief to raise money ...
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    MK-2's Avatar
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    Using a copyrighted song in fundraising

    I mentioned a while back that some of the staff here had done something for comic relief to raise money this year. Basically it will include a DVD for sale which has on it a Thin Lizzy song.
    The problem is, we don't have the copyright or permission to use it. Are there any ways of charity fundraising being exempt from this? All money raised from selling the DVDs will go to comic relief, there will be no profit at all, but I'm aware that unless we have permission from the band/agent/etc we can't legally use it.

    Wondered if something like comic relief was a caveat to this, and that things done for fundraising were seen as such, and not profit??

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    sonofsanta's Avatar
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    This file lists what licences do what - check what your LEA provides, as mine does most of these.
    Using a copyrighted song in fundraising-copyright_licensing_in_schools_jan10.pdf

    I think the only caveat that charity use earns you (if any) is that you can use one of these cheaper non-commercial licences. Chances of being able to use it completely unlicenced are very slim, unless you get written permission from the rights holders (i.e. record label).

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    MK-2's Avatar
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    thanks for that. i've emailed comic relief to see if they can advise on anything they might be able to do.
    not sure who the label owner is either. everytime i type in thin lizzy all i get are youtube vids and mp3 download links, its impossible to find legitimate info!!

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    Quote Originally Posted by MK-2 View Post
    thanks for that. i've emailed comic relief to see if they can advise on anything they might be able to do.
    not sure who the label owner is either. everytime i type in thin lizzy all i get are youtube vids and mp3 download links, its impossible to find legitimate info!!
    Wikipedia...

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    sonofsanta's Avatar
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    Wikipedia the song and it says which label it was released under, e.g. The Boys Are Back in Town - Wikipedia, the free encyclopedia was released under Vertigo (says it in the box out on right) which is a label now owned by Universal, so it's them you would need to contact.

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    MK-2's Avatar
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    cheers, i was just a bit reluctant to trust wikipedia, but i'll blame you if anything happens

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    sonofsanta's Avatar
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    Quote Originally Posted by MK-2 View Post
    cheers, i was just a bit reluctant to trust wikipedia, but i'll blame you if anything happens
    worst that can happen is they say "that's not our song" and you have to look somewhere else for the info, not the end of the world!

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    dhicks's Avatar
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    Quote Originally Posted by MK-2 View Post
    The problem is, we don't have the copyright or permission to use it.
    I think the people you need to get hold of are the Performing Rights Society:

    PRS for Music

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    MK-2's Avatar
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    Quote Originally Posted by dhicks View Post
    I think the people you need to get hold of are the Performing Rights Society:

    PRS for Music
    does that include if we dont actually sing, we just mime and the audio track is layed over the top?

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    dhicks's Avatar
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    Quote Originally Posted by MK-2 View Post
    does that include if we dont actually sing, we just mime and the audio track is layed over the top?
    Not a sausage. However, they have a link on their front page for charities where you can request a callback and get someone to explain stuff to you.

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    CAM
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    PRS chase businesses to make them buy a licence for playing music. It can be anything from over a tonnoy to a radio in the corner of the workshop, they will even call and listen to the background for any hint of music playing.

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    localzuk's Avatar
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    Ok, you need a PRS and PPL license for playing the music in public, then you need an MCPS license to cover the disc production (details here Limited Manufacture Licence (LM)).

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    Quote Originally Posted by localzuk View Post
    Ok, you need a PRS and PPL license for playing the music in public, then you need an MCPS license to cover the disc production (details here Limited Manufacture Licence (LM)).
    so basically it wont happen. im guessing these licences cost money and take time, and this is for a one time event to raise money.

    so much for trying to raise cash

    **edit**

    just had a look and it says non registered charities showing kids work are included. would that include us as we are a registered charity and it wont be kids or work, it will be raising money
    Last edited by MK-2; 9th February 2011 at 08:42 AM.

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    I would have said that you might have been better trying to contact somebody directly involved via Twitter, in this day and age. But with the recent news re Gary Moore I suspect it's not going to on anybody's priority list to help with this at the moment.

    There may be one get-out -if you're doing a parody of the song (specifically of the song, not using the song to parody something else) you might be able to claim fair dealing. IANAL etc etc.

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    localzuk's Avatar
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    Quote Originally Posted by MK-2 View Post
    so basically it wont happen. im guessing these licences cost money and take time, and this is for a one time event to raise money.

    so much for trying to raise cash

    **edit**

    just had a look and it says non registered charities showing kids work are included. would that include us as we are a registered charity and it wont be kids or work, it will be raising money
    The page has "Recordings of community projects music or otherwise, funded by non-business entities and supported entirely by voluntary contributions and voluntary workers, which are sold or given away to members of the community, friends and family." for charities. So, you would still need the license.

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