How do I Pay Copyright on Media in Programs

[Rosie Wood]

Hayley, one of my favourite neices got married recently and I attended the wedding. It was set in the beautiful Ardoe House. The song chosen for the wedding ceremony was Let there be Love by the incomparible Nat King Cole.
I wrote a Snap Game in Processing featuring the beatiful wedding photos and on completion of ten snaps an mp3 of the song plays and the lyrics and more photos of the wedding are displayed. The background colour was chosen to match the bridesmaids dresses and I am using the tartan worn by the male members of the wedding party.
I showed the game to my sister and she suggested I made it easier to install, as other brides would perhaps like to have a similar game. I tried all the usual free versions for packaging a Java game into an executable, however, this application was written in Processing, so doesn't have the standard layout and main class used in most Java programs. Add to this that it uses many libraries, packaged in jar files, after 2 days of near misses, it became evident that no free packager could do the required work. I downloaded a trial version of "Advanced Installer" and amazingly, I finally managed to create a very professional msi install file complete with desktop/start menu shortcuts and a personalised icon.
I was extremely impressed with the program and went to buy a copy but was very disappointed to find it costs 399 dollars! At the moment programs produced display a 30 day trial notice, and after 30 days I will not be able to use the Java installer.
The program can be delivered as a folder and has a simple self executing jar file. In order to send it by hotmail the customer would need to unzip the file and make a shortcut to the application. This seems very simple to me but its harder for less technical people.
Using Advanced Installer the program can be sent from and to a Google EMail account witth no problems but Messenger will not accept this type of file so it needs to be packaged in a zip file forcing the customer to unzip it before running the installer.
The other alternative would be to add a main class to the Processing application, so it behaves like a standard java file and use a free installer but having spent quite a while researching this and there is very little understandable info on accomplishing this and I like the simplicity of the Advanced Installer program. If the game were popular, I could justify the expense but I havent sold anything yet.
Another problem is, how do I legally add a copy of an mp3 to an application? Would I buy the mp3 everytime someone orders a copy? What about if someone copies my application without paying me? Am I still legally responsible for their illegal copy of the mp3? I took great care to ensure the photos were not copyrighted and they were all taken by guests using mobile phones!

Independent Developers have very little information on these types of copyright issues and I would be extremely grateful for any advice on copyright issues and how they apply to small applications.
If anyone would like their own personalised copy of the game, get in touch and I will custom edit your photos and add your copyrighted sound file to the game or purchase a copy for you.
Is that in order?
I really hate domain parkers! I couldnt get domains for any of my first choices so went with Snappy Happenings.

[Rosie Wood]

In the end I decided to let the customer add their own music to the game.
I sent the idea for the game to the Scottish Centre For Enabling Technology (SCET) and they gave me very thorough feedback on the viability of the game as a business venture. I dont think it is would be a viable business venture, because of the amount of time needed to edit the photos and how much a customer would be willing to pay for a snap game.
Yes, copyright is a thorny issue for me at the moment. I do think creatives should get paid for their work but it could be easier to understand....

[Jamie Laux]

Hi Rosie,

Depending on the type of Music you use their is set rates
Really it all comes about classing your product correctly.
In the eyes of the law your product would be classed as a Audio-Visual product availiable for retail

If you were to use production music your rates would look something like this for the UK
(per 30 second unit)

Audio-Visual Production (Up to 1,000 copies) £35
Audio-Visual Production (1,001-10,000 copies) £55
Audio-Visual Production (Over 10,000 copies) £75

and you can pick up some music from Great librays like BMG-Zomba and Dewolf but
In terms of Commercial music its a bit more complex and roughly follows this scheme
...................................................................................................................................................
Request submitted to MCPS ---> MCPS discuss charges with relevant copyright holders (where MCPS members) ---> Request approved ---> MCPS inform you of charges ---> Application for clearance submitted to MCPS ---> Conditional clearance granted
....................................................................................................................................................

I've noticed you've had a few questions about copyright

There is always going to be grey areas, we do content for mobile which is a huge grey area. While there are guide lines at many times we feel what we are doing is 'unwritten'!

What we do is we have a fairuse policy - A policy which states for us and our clients what we feel is acceptable for us and the copyright holder. Really basic, but should there be any issues at least we can present our case.

As with all issues with copyright if in doubt get in contact with the copyright owner

[Rosie Wood]

As every game would have a different song. I really cant see it being practical or timely to apply to the rights holder for permission. The way I see it, is its like buying a song as a present for someone. I intend to buy the MP3 for each game and send it to the customer. I would do this with a clear conscience, as its not like a song used for a wedding video has to be negotiated with rights holders. The game would only be of interest to the families of the bride and groom and the artist would be gaining a sale for each game purchased.
I dont know the legality of this but it seems fair to me.
I am also including two further options:
1: If the customer already owns a sound file they may send it to me to be included in the game.
2: The customer can commission a new piece of music to be written for the game. This will be generated from a mathematical algorithm and edited by me to make it fit the occasion. The customer may specify the main instrument (eg Flute, guitar, bagpipes) used and this option will come with a turn off music button.
Each of these options will have different pricing options.
If there were legal problems then I think I would just go with option 2 but no artists would gain from sales of their music (except me lol).

[Ian Stevenson]

I'd love to know the answer to the question about copyright on music if there's an easy answer. I thought you had to apply to the rights holders for permission to use it and negotiate based on your application...