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Which is more important, a satisfied client or possible copyright infringement?

by NicheMayhem
12 replies
Have a client which I am producing a complicated intro video for. It is approaching the outer limits of requiring more time then what my earnings account for. Now, after many revisions, the client has requested a different audio track be used.

Here's my question: Is it my responsibility as the one creating the final product to make sure the audio is royalty free and available for use commercially or is it that of the client's? The difference here, I think, is the audio is being used at their request and was provided to me by them to be included in the project.

It is an obscure instrumental and I can find next to nothing about who produced it. Have no idea if it is copyrighted or how to find out seeing as though my buddy Google doesn't produce much info.

Anybody have a definitive opinion of how much this matters when a client provides the media?
#client #copyright #important #infringement #satisfied
  • Profile picture of the author mark147
    Copy right is more important because if you are coping videos from other website it might be there an issue and major search engine will remove your video and ban you accounts. So while making a video for any client try to explain these things and hope you client will understand this problem.
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    • Profile picture of the author NicheMayhem
      Originally Posted by mark147 View Post

      Copy right is more important because if you are coping videos from other website it might be there an issue and major search engine will remove your video and ban you accounts. So while making a video for any client try to explain these things and hope you client will understand this problem.
      None of my accounts are in jeopardy, as I will not be hosting or posting the video anywhere. The client is free to do with it whatever they would like to.

      There is absolutely no copying going on here.
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  • Profile picture of the author UMS
    Personally, I would get some written statement from the client that they are the one who are supplying the audio and that they have the rights to do so.
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  • Profile picture of the author NestZone
    To me satisfy your client.
    Let your client know the consequences of the action and if the client insist, let the client have his way. Just that it should not be what will jeopardize your own means to earning.
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    • Profile picture of the author NicheMayhem
      Originally Posted by UMS View Post

      Personally, I would get some written statement from the client that they are the one who are supplying the audio and that they have the rights to do so.
      Agreed, a good idea. Prior to adding any drama or conditions to this project getting completed though, I just wonder how necessary it is to even bring it up to the client. Number one priority to me is client satisfaction to ensure repeat business. When providing any kind of service you never know who will feel hassled and who will appreciate my concern, ya know?

      Originally Posted by NestZone View Post

      To me satisfy your client.
      Let your client know the consequences of the action and if the client insist, let the client have his way. Just that it should not be what will jeopardize your own means to earning.
      I'm leaning that way but ultimately who is it the responsibility falls on? It may be obvious the client is going to use the intro commercially by adding it to the beginning of their videos but in the end isn't it up to the client to be in charge of where the video ends up?
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  • Profile picture of the author StevenRichards
    If they are going to be posting the video them selfs. Heck I would let them deal with the copyright problem. Just as Pete said above I would get a writen statment from them before I even release it to them for their personal use. This way you protect yourself and you still get to make the client happy
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    • Profile picture of the author NicheMayhem
      Originally Posted by StevenRichards View Post

      If they are going to be posting the video them selfs. Heck I would let them deal with the copyright problem. Just as Pete said above I would get a writen statment from them before I even release it to them for their personal use. This way you protect yourself and you still get to make the client happy
      Yeah, I agree with the notion of covering my behind. The issue though seems a bit more involved then that to me. A written statement doesn't grant me the right to infringe other people's rights to their own property. The client may plead ignorance but as a service provider it seems feasible I am ultimately the one more responsible for incorporating the media into the product I am providing.

      Not trying to argue but if a client requests a logo I know to be trademarked, I highly doubt a written statement would clear my business from responsibility. Is a trademarked logo the same as a copyrighted piece of audio? Come to think of it, I think so.
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  • Profile picture of the author Jason Johns
    I would agree with getting something in writing from them stating they request you to use this track and they have the relevant permissions / rights to use it in a video and that you are absolved of any legal (and whatever) responsibility in the case of any claims for copyright infringement due to the use of the track.

    Then you are covered and you can satisfy your customer.

    Cheers

    Jason
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  • Profile picture of the author tpw
    I would suspect that if you used it, and the copyright holder wanted to pursue legal action, then the copyright holder would sue YOU AND YOUR CLIENT.

    The question is whether you are willing to open yourself up to such litigation?
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    • Profile picture of the author NicheMayhem
      Originally Posted by tpw View Post

      I would suspect that if you used it, and the copyright holder wanted to pursue legal action, then the copyright holder would sue YOU AND YOUR CLIENT.

      The question is whether you are willing to open yourself up to such litigation?
      The more I think about it, the more I agree with you. I do not want to be open to such a situation at all. I actually purchased 30GBs worth of royalty free audio to be sure everything I produce is legit and it was pretty expensive.

      My dilemma though is just as much that this client is fussy. BUT, repeat business isn't worth the risk. Sadly, I don't know if the audio they provided is even copyrighted. Can't find it anywhere. Either way I think you are right in a copyright holder being able to pursue me AND the client equally. I want no part of that.
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      • Profile picture of the author tpw
        Originally Posted by NicheMayhem View Post

        My dilemma though is just as much that this client is fussy. BUT, repeat business isn't worth the risk. Sadly, I don't know if the audio they provided is even copyrighted. Can't find it anywhere. Either way I think you are right in a copyright holder being able to pursue me AND the client equally. I want no part of that.

        Inform your client of the copyright issue with the audio track he wants to use, and let him know that you cannot move forward until which time you find the copyright holder and the client pays the royalties to use that track.

        Your client needs to understand the risk and the cost of going his way.

        Let him know that you have a whole library of stuff that you are legally capable of using, and let him know that anything in your list is acceptable for use for free.

        Once your client has all of the facts, you will know how to proceed.
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        Bill Platt, Oklahoma USA, PlattPublishing.com
        Publish Coloring Books for Profit (WSOTD 7-30-2015)
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        • Profile picture of the author NicheMayhem
          Originally Posted by tpw View Post

          Inform your client of the copyright issue with the audio track he wants to use, and let him know that you cannot move forward until which time you find the copyright holder and the client pays the royalties to use that track.

          Your client needs to understand the risk and the cost of going his way.

          Let him know that you have a whole library of stuff that you are legally capable of using, and let him know that anything in your list is acceptable for use for free.

          Once your client has all of the facts, you will know how to proceed.
          Very solid advice. Thank you kindly for your input. Amazingly, the audio they want and sent to me is worlds away from anything I have. Who knows where the hell they even got it. Actually, to be quite honest, I hate it. It sucks and doesn't go with the video, BUT it's not my video so I guess we're just going to have to try and meet in the middle somehow.

          Probably a good idea to go out and look for something similar and royalty free while I wait for a response. Ahh, the joys of providing a service.
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