During the creation process of a music video, legal implications have to be considered, as you're not allowed to use copyrighted material that is owned by somebody else. Failure to abide by this, is breaking the law, and could possibly lead to prosecution.
You will need to get permission to use the music for the video, whether it be from the artist themselves, and/or their record label, as failure to do so can lead to prosecution.
Failure to abide by these laws can lead to several things, the owner of the work can sue you copyright infringements, loss of sales for their work, as well as legal costs and other statutory damage charges, which would total in excess of over $150,000.
If the alleged infringement is serious enough, it could result in a criminal charge, and any income made through possible distribution of illegal material would most likely be seized. Not only that, but anybody convicted of these charges, can face prison time of a maximum of 10 years, a $250,000 fine, or in some cases, both.
Our Song
When we originally thought of making our music video, we had several ideas, one of which included a ska punk cover version of popular pop song, Take On Me, however as this would already copyrighted, it meant we could not do so. We did eventually come up with one, which was Pieces of Eight by Killing Jimmy.
Gaining Permission
After deciding on our choice of song, we then had to get confirmation on whether or not we would be allowed to use the song for our project. The band had broken up a few years earlier, but the former lead singer gave us permission to use the song for the project.
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