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29 Jan 2013 11:43
hi, guys. I was wondering:
If I buy royalty free music from pond5 can I use that music in my youtube videos and still monetize them for myself? I don't understand all the lawyer spiel in the terms and conditions.
thanks so much in advance. I can't find any information on this stuff on the web and I've been searching forever. I just can't seem to get a clear answer. goodbye.
30 Jan 2013 14:35
So you want to make comercial video with downloaded music from pond5 on it?
6 Feb 2013 20:29
Yes squarology, you can do that.
6 Feb 2013 22:25
First, welcome to pond5. It's good to have members like you.
Secondly, legal jargon is impossible to read. That's why there are lawyers and if in doubt, seeking one is a good idea. However, in your case, once you "lease" a "royalty-free" track at pond5, your pretty much good to go. Below are some things to think about.
Once you "lease a track" from pond5, You now have PERMISSION from the "writer" of the "copyright work" to use the track under the terms and conditions of the royalty-free contract. Which you can read here.
pond5 - Royalty-free licnese agreement
Basically, it says,
2. Grants and License - "non-exclusive worldwide perpetual right to use, display, modify, publish and create Works for Distribution incorporating Licensed Content in any and all media an unlimited number of times."
This means you are, GRANTED a "non-exclusive" (your sharing it) "worldwide" (globally you can use track) "perpetual" (forever) RIGHT TO USE, DISPLAY, MODIFY, PUBLISH, and CREATE WORKS that "use" said, "leased music" in ANY and ALL media, (sounds like youtube to me), unlimited number of times (<-- this one explains itself)....Sounds good, then read...
3. Restrictions on Use. - b. "Licensed Content may not be resold, sublicensed, assigned, transferred or otherwise made available to third parties except as incorporated into Works for Distribution."
Means, you can't just resell the stuff you "lease" - You don't actually OWN anything but are GRANTED the right to use said music as stated above...You have to use the "leased music" in a "work for distribution".
What you are buying, or leasing in this case, is the PERMISSION to use music as background for your project. Which you then therefore sell. If you broadcast anything, say on National TV, the broadcast companies would pay to use any music, via CUE SHEETS. Nothing you really need to worry about.
d."Licensee may not superficially modify the Licensed Content and sell it to others for consumption, reproduction or re-sale. For example, but without restriction, Licensee may not resell video content as a screensaver or desktop background, nor resell audio tracks as backgrounds, "hold" music, or ringtones, nor extract images and print them on tee-shirts or other physical products for resale."
So you can't make third party income here...You can't say, "lease" a track from pond5, and turn around and sell it as stated above (d.)
e. "Licensee shall not incorporate the Licensed Content into a logo, trademark or service mark without explicit written permission from either Pond5 or the copyright owner."
That means you can't copyright anything you make, with "royalty-free" music, as an company trademark or corporate LOGO without...WRITTEN PERMISSION.
f. "Licensee shall not use the Licensed Content in a manner that violates the law of any applicable jurisdiction."
That's pretty vague, best learn the law, right?
g. "Licensee shall not use the Licensed Content in a pornographic or defamatory manner, whether directly or in context or juxtaposition with other materials."
No adult content. Check.
Then there is k. "Notwithstanding the foregoing, some Licensed Content may be available for certain of the restricted uses, provided a supplemental or extended license is entered into for such uses (for the avoidance of doubt, such uses are not included in this License Agreement)."
These means that higher up on the corporate chain, there very well may be restrictions on use of said musical piece. Best to politely ask, pond5 and the copyright holder (that's usually the musician that made the recording), what restrictions apply.
Be sure to read the part about "giving credit" under 8) Miscellaneous Provisions a. "Credit. In works incorporating the Licensed Content where crediting is customary, or where other such credits are provided, Pond5 requests a credit line that reads "Stock footage provided by "Artist Name" / Pond5.com"
Well in your case "Stock Music by"Artist Name" / Pond5.com"
Hope this helps you a bit and in no way am I a "legal representative" and I offer these observations, freely, please seek legal advice if you are in doubt. Really you only have to learn this ONCE.
Nathan Luis Steinke
Changed 6 Feb 2013 22:26 by liftedCREATION "Spelling"
Changed 8 Feb 2013 08:01 by liftedCREATION ""