DJ Mixes and Live Dj sets

[shaneb]

hey all,

I'm aware some of this has been covered in previous topics, which i have read. Although it does not seem to answer my question.


We are working with a number of festivals (some of them dance) and we are doing run up coverage. As part of this we want to host some DJ mixes.

I'm aware of the MCPS/PRS Limited Online Music Licence (specifically the 'on demand' one which i think we will need)
However when you speak to the PPL they turn around and say they don't offer a 'listen again/on demand' licence.
Which as far as I can see pretty much means you're screwed unless you get permission to host the tracks which feature in the mix....Am i correct in thinking this ?


Also would this be the same instance as if we were filming a DJ mixing commercial tracks live, while taking a feed from the desk (a bit like this youtube dot com/watch?v=PCDvfbldh28 )

Does this come under a performance and because we filmed it we hold the rights to host in.

We are not looking to make money directly from these, just to give coverage of local festivals as we are a local music website.

[AndyJ]

Hi Shane
As you seem to be aware, the subject of rights clearances for film and video work is mighty complicated. So much so that I can only give limited advice here. You might like to try these sites for some more specialist advice:
Bemuso
Discography
Music Law Advice

Part of the problem you face with PPL is that they do not act for quite a few record companies and producers, especially where 'sync' rights are concerned.

As far as your second question is concerned, the Copyright Designs and Patents Act (as amended) does not define what a performer is. One may deduce something from s 180 (2) which defines what a performance is:

(2) In this Part — “performance” means —

(a) a dramatic performance (which includes dance and mime),

(b) a musical performance,

(c) a reading or recitation of a literary work, or

(d) a performance of a variety act or any similar presentation,

which is, or so far as it is, a live performance given by one or more individuals; and “recording”, in relation to a performance, means a film or sound recording—

(a) made directly from the live performance,

(b) made from a broadcast of the performance, or

(c) made, directly or indirectly, from another recording of the performance.

but I doubt if a DJ who merely queues up and plays recordings in a serial manner would be considered a performer for the purposes of the Act, although one who skillfully mixes or makes mashups could be considered as a performer. I assume that it is the latter type of DJ which you are seeking to film. If so you would need to also need to get the DJ's permission to record his performance and his agreement over the exploitation rights. These are known as economic rights and the Act entitles performers to equitable remuneration for the exploitation of a sound recording, so don't be surprised if you are asked what's in it for them!

Assuming that you have all the rights suitably cleared - preferably in advance of recording - then you will own the overall copyright and recording right in your film, which you should consider registering with PPL's sister organisation the VPL if you want to protect your own exploitation rights.

I hope this somewhat limited reply is of help.

[shaneb]

Thanks Andy that was quite useful info. I have been on the phone to the PPL and MCPS/PRS countless times and it gets more and more confusing everytime I talk to them.

You talk about getting permission before recording, are you referring to getting permission from the DJ or getting permission from the record companies for the tracks ? as im not sure how far in advance DJ's plan their set.
I was planning on just doing a general blanket of the major record labels getting them to grant us permission beforehand, although this seems such a huge task. It makes me wonder why there is still no general license for this.

PPL should get on the bandwagon as it seems to render some of the MCPS licenses useless

[AndyJ]

Hi Shane,
The permission thing is tricky if you don't know in advance which tracks the DJs will play. Whilst a PRS/PPL blanket licence might cover you for all the tracks played, there is no guarantee of this. For instance the DJ might play a few tracks by artists who were not signed up with PRS or PPL, and so technically you would need separate licences to use this music. However, given the practical problems, so long as you show good faith in obtaining the necessary licences as soon as is reasonable after recording your video, and before publishing the video online, you should be fine.
Definitely get the DJ's permission beforehand. Also don't forget to get permission from the festival organisers. This has nothing to do with copyright or performance right, but it is likely to be a condition of entry that there is no commercial filming. Without permission you may get ejected from the ground!