Using Itunes Songs in Adobe Premiere Pro

[Maile1]

Hi,

I'm making a video for a coworker who is retiring. This video won't be online and will only be given to the retiree in a DVD format (she's old school) after the office views it (it's through Zoom so I would be screen sharing the video to everyone watching). My questions are: if I have purchased songs on Itunes, am I able to use these songs in this video? What are the legal requirments for this? 

Thanks.

[John T Smith]

Ask Apple

[Jeff Bellune]

Apple doesn't have any say-so in whether you can use the songs or not. That's up to the rights holder, which is usually the studio, label or artist.

The strictly legal answer to your question is: No. You can't use them without first obtaining permission from the rights holder.

The practical answer may vary. Any DMCA spies in your office? Does the FBI have more important things to worry about? Can the Zoom feed be recorded and posted on YouTube by a well-meaning co-worker? Are you gettting paid to create this video? 

[salvo34]

No law enforcement agency polices that stuff...only the lawyers representing the copyright holder(s).

Even if you made DVD's and sold them via advertisements in magazines the lawyers would first send you a cease and desist order. If you post on vimeo a bot is used ( from another company) to find matches to copyrighted music and they would take down your video.

Jeff is right re: use and so on ( were you paid, did you sell it, etc. ).

Think of it this way:

The copyrighted stuff cost money to make and the artists and publishers only make money if people pay to use it. They want to make money.

But now think about all the bands you ever heard in a bar. They play 'cover songs' that are copyrighted and they are getting paid to play, but nobody tries to stop them. It actually HELPS to keep the music popular.

So you can do whatever you want with your own DVD and at your level nothing will ever happen to you except that you 

A) learned something about copyrights

B) missed the opportunity to be more creative by making your own music.

🙂

[John T Smith]

But now think about all the bands you ever heard in a bar. They play 'cover songs' that are copyrighted and they are getting paid to play, but nobody tries to stop them.

Probably true for a band playing in a bar, but ASCAP https://www.ascap.com/ is going to enforce licensing in a larger venue

[Maile1]

Thank you everyone for your response. I learned a lot!

I'm not getting paid for this and I'm not selling this DVD as I'm just doing a simple "reminisce about the good old days with old pictures" type. I was hoping that if I had already bought the songs and they're on my Itunes that would be my financail contribution. Don't think I have any DMCA spies in the office, 18 out of 20 people are not that technical to know how to record a Zoom meeting so hopefully that won't be a problem. Wish I had the time and skill to make my own music. That'd be great! Thanks for the tips everyone!

[Warren Heaton]

Legally, you need a Master Sync License and a Master Use License for the audio track that you want to use for standalone distribution (even if it's one DVD being created as a one-off as a retirement gift).

If you do not have an entertainment lawyer to advise you on this, I recommend that you find something in the YouTube Audio Library (https://studio.youtube.com/channel/UCHd3tGwXYcMCYqzxHx9zqfA/music) to include in your edit and then post the video to your YouTube account, sharing it with just the group. 

Of course, the music you prefer to use could just happen to be playing in the background as you share the video with the group during the Zoom meeting.