Demo Reels and The Law.

[00aklu]

I was curious about the legality of using pre-existing movie trailers and then stripping the audio from them and replacing it with your own score, merely to function as a demo reel. While these would not be sold as a monetary product in and of themselves, the trailers would be used to help sell myself and my skills, which in my mind makes it enter a a nebulous zone of am I profiting from "the clip" or are my compositions the selling point and the medium over which my score is placed rendered largely irrelevant?

 

if this is in fact illegal, what would you consider the best method to building a demo reel that you could send to prospective clients?

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[daddymack]

Technically, you are probably safe doing this....only because you are not doing it with intent to sell/distribute the material. Personally, I believe anytime you use someone else's work, you should ask permission. The other option would be to find materials that are in the public domain.

[Johnny-Boy]

I wish I would have saved a recent notification from ASCAP (or was it TAXI?). Can't remember which one. They had a source (a one time deal) that was/is selling never been used footage from major films. These can be used legally by composers if purchased. I believe they weren't very expensive. I'll email ASCAP/TAXI tomorrow and see if this footage is still available.

 

Best, John

[paulz]

what you are preparing is known as a "derivative work" and the copyright holder has the right of control over that (there are some exceptions such as parody but this doesn't really fall into that)...even if its' not for sale.

 

If it winds up being a legal hassle for you just depends on the copyright holder -- if they decide to get on you abt it

[liebgott]

You are fine. This falls under "Fair Use" in copyright law since you are using it as a demo of your skills/learning project. If you were selling it, you would be in trouble.

 

Just to be on the safe side, make sure to add a disclaimer at the bottom when posting it on the Internet stating that the following is just a demo, etc. and that any copyright owner that feels their copyright has been violated can contact you to take it down.

 

If you are not posting it online, but instead just sending it to perspective clients.....Then don't even worry about copyright law.

[paulz]

 

You are fine. This falls under "Fair Use" in copyright law since you are using it as a demo of your skills/learning project. If you were selling it, you would be in trouble.

 

 

"fiair use" can be a very dicey proposition and it's often highly misunderstood and has become a "go to" catchphrase.

 

Fair use is an affirmative defense (ie the burden of proof falls to the defendant not the Plaintiff) which is, itself, problematic.

 

The commercial nature is only ONE part of the classic 4 part test and no part of that test is overarching.

 

 

One major problem is the NATURE of the use as commentary : the OP's intended use is NOT commentary ON the original piece (but on the OPs work product), so the need to evoke that particular piece is, at best, weak.

[daddymack]

You are fine. This falls under "Fair Use" in copyright law since you are using it as a demo of your skills/learning project. If you were selling it, you would be in trouble. Just to be on the safe side, make sure to add a disclaimer at the bottom when posting it on the Internet stating that the following is just a demo, etc. and that any copyright owner that feels their copyright has been violated can contact you to take it down. If you are not posting it online, but instead just sending it to perspective clients.....Then don't even worry about copyright law.

Um, no, this really does not meet the 'Fair Use' doctrine; and, actually, that disclaimer will not protect you if the copyright holder decides to prosecute you. It infers that you already knew that the copyright was in effect and that you failed your due diligence to seek out the owners. When it comes to copyright, the old 'easier to ask forvgiveness than permission' thing FAILS. About the only way any of your methods work is if this is a student endeavor, in which case 'Fair Use' would be plausible.

 

oh, and the term is prospective clients...