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Guidance Notes on Copyright Licences
for Wedding Videographers
Establishing the need for licences
The IOV Executive has recently taken legal advice from The Simkins Partnership (specialists in media law) on clarification of the law relating to copyright - and how it might affect the work of videographers. In particular, clarification was sought on whether music recorded in actuality (such as the music being played or performed at a wedding reception) might be considered as 'Incidental' - and therefore free from copyright infringement.
To summarise the advice from The Simkins Partnership: - To be deemed 'Incidental', inclusion would have to be incidental rather than featured, and at the same time accidentally, carelessly or recklessly recorded. As the musical content at a wedding is nearly always a feature, and a videographer would purposely record that music as part of their work - then a licence/s will be required in order to comply with copyright law as it stands.
If the music is being performed live, then a licence needs to be obtained from the Composer and Publisher of the music (Please note: Legislation (Copyright Designs and Patents Act 1988 Part II, s.181 et, requires that the performer's consent to exploitation of their performance must be sought and obtained, which may result in payment of a fee.). Composers and Publishers are represented in the UK and Ireland by MCPS (Mechanical Copyright Protection Society).
If the music is being played from a CD, record or any other recording, a licence needs to be obtained from the Record Company. The Record Companies are represented in the UK and Ireland by PPL (Phonographic Performance Ltd).
There is less confusion when copyrighted music recordings are dubbed on to the wedding video - which will also require the purchase of licences to comply with copyright law. A combination of both MCPS and PPL Licences can be purchased to comply with the law.
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