Extracted from
http://jeremiahjacobs.blogspot.com/2007/09/wedding-videography-and-copyright-law.html
Q: As a wedding video producer, do I have any exposure to potential copyright claims?
A: It depends on your business model.
Generally speaking, weddings are private events; they are not open to the public. Because they're private, infringement claims are generally dismissed. When a person purchases a compact disc recording, they're (usually) granted a license that reads: "Licensed for private, non commercial use." or a similar language. That's the license that allows someone to use a Tim McGraw song during their wedding.
If your business model involves simply recording the event, editing, and delivering a shiny disc product to the bride and groom, a videographer is covered the bride and groom's license. That is to say, you are specifically licensed to use that material in any your clients see fit, providing it remains private and non-commercial.
Q: I was paid to produce the video - doesn't that make it "commercial?"
A: No. Your recording and subsequent editing of the private event does not constitute a "derivative work", nor is your being paid in any way related to the copyrighted material. That you have been hired by the licensee simply means you're "for hire" and generally indemnified against a copyright claim. This legal structure varies between states, so make sure to TALK TO YOUR ATTORNEY TO MAKE SURE THIS APPLIES TO YOUR BUSINESS.
Q: Doesn't "Fair Use" cover me in these situations?
A: No - "Fair Use" does not apply. Fair Use is a special class of exemptions from infringement claims. As you're already licensed to use the music via the purchase of the CD or "for hire" status, "Fair Use" is not required.
Q: Under what circumstances would I have to obtain licensing?
A: Imagine you're product includes a short piece highlighting the bride and groom's first meeting - a kind of retrospective. You decide to include television clips ("When Dick and Jane first met 6 years ago, THIS is what was on TV...") or other copyrighted material IN ADDITION to what was recorded during the private ceremony, they you'll certainly need a license, as you're essentially reselling those clips.
Another scenario would be if you intended the wedding video to be released publicly - resold in stores (who'd buy it!?!?) or broadcast on a public network. In those cases, a videographer would absolutely have to obtain coverage (most likely via an agency like Harry Fox).
One probable scenario is having a portion of your wedding video featured on television, ala America's Funniest Home Videos (or Bridezilla and it's ilk). In a case like that, the broadcast company (ABC) would usually go about obtaining the license (if they don't already have blanket coverage). Even in that scenario, however, the burden of license does not fall on the videographer.
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My point of view as a freelance VG:
I totally agree on the article, hence I will not support and buy the license at all.
We can use public domain or royalty-free songs. You may want to know more about songs licensed under Creative Commons License. There is a representative in SG. Google their site!
Lastly... "If you hold tightly to your creative works, they become impossible to share. If your art isn't experienced by people, it serves no purpose in society. " - Kevin MacLeod