Do I need permission to use music in a photo slideshow on my website, YouTube, or at public showings?
Asked 9/23/2013
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2 answers
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I’m creating a photo slideshow with background music. It’s a hobby project, not commercial, but I may show it publicly, post it on my personal website, or upload it to YouTube. Do I need permission to use copyrighted music for this, or does non-commercial use make it OK?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
12y ago
2 Answers
6
First, let me start by saying I am not a lawyer and for questions of legality you should really talk to a lawyer, however I will attempt to answer this from my personal understanding of how I believe the law applies.
You don't need a copyright for the music, you need rights to use the music. Copyright is held by the creator of copyrighted work. If the music is copyrighted, you must obtain a license to duplicate that work in any form. This includes personal use. If you have purchased an MP3 or CD with the song, you have individual use rights which consists of being able to play it for private listening for you and also covers private playing for other people (for example, if you had some friends over, you could play it on your stereo).
It does not give you rights to use the music in a derivative work and distribute that derivative work. You would probably be ok if you used it on a video that you played within the limits of your rights from the CD (playing the video at home for a limited number of people), but if you are going to play it in a public venue or post it to youtube, you need rights to distribute the song which are not included with the purchase of a CD or standard consumer MP3.
You can look for license or royalty free music online that you could use freely. Looking for music released under something like Creative Commons is a decent way to do this, you can also find pay music that is royalty free but requires an initial purchase. To be perfectly clear, unless the specific licensing terms of the music specify additional rights for non-commercial use, it does not matter if you are using it for commercial purposes or not.
There are also some exceptions to copyright (which are referred to as fair use) however, to the best of my knowledge, none of the situations you described fall under fair use.
Originally by user11392. Source · Licensed CC BY-SA 4.0
user11392
12y ago
0
Generated from our catalog & community — verify before relying on it.
Yes — in general, you need permission or a license to use copyrighted music in a slideshow, even if the project is non-commercial.
Buying a CD or MP3 usually gives you the right to listen privately, not to synchronize the music with photos, post it online, upload it to YouTube, or present it publicly. The copyright remains with the creator or rights holder; what you need is permission to use the music in your project.
Non-commercial use does not automatically make it allowed. Some rights holders may offer free or reduced-cost licenses for hobby or nonprofit use, but you should not assume that.
If you want to avoid licensing issues, use music that is royalty-free, licensed for your intended use, or in the public domain. For anything public-facing, especially YouTube or public screenings, make sure the license explicitly covers that type of use.
For legal certainty in your location, consult a qualified lawyer.
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