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JagFirefox
From: Christchurch
Since: Oct 2016
Posts: 4

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Dq'd for singing a song

Hey, so our film got disqualified from the Christchurch comp because a character in our film "The Delivery" sings a couple seconds of words from two songs. No backing track or anything, just an out of tune casual sing. Does this not fall within fair use or something? I'm not too sure. Do any other films do this that haven't been dq'd in other City's?

Seems a bit harsh to be honest...

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Cardinal
From: Christchurch
Since: Apr 2011
Posts: 182

That's rough and I'm no copyright law expert, but I'm pretty sure as soon as the song is recognisable your film would count as a "public performance" of that music, and should technically be paying royalties.

It's harsh, but music licensing is insane. Cafes should technically pay money to record companies in order to play CDs in the background, for example.

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AJ
From: Christchurch
Since: May 2011
Posts: 397

Really bizarre IMO. One of the frontrunners in the Auckland competition recite lyrics as well, and I wouldn't expect them to be kicked out. I feel like I've probably seen lyrics quoted before to no consequence.

Not to mention the grand finalist from a couple of years ago that had about 3 seconds of "The Way You Make Me Feel" by Michael Jackson playing in the background.

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dramamike
From: Wellington
Since: Apr 2011
Posts: 1359

A previous city finalist has also sung 'Happy Birthday' and got away with it.
This is no longer an issue (I believe) as the copyright on it has since passed.

Perhaps you've copped it simply because the competition has decided that this is an area that might cause them legal issues.

Sucks.

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Joseph Moore
From: Auckland
Since: May 2011
Posts: 69

I think as soon as melody is in the mix you're in copyright town. I remember we had to pull a line from a TV show last year that was 3 acapella seconds sung of the "Transformers" theme song with DIFFERENT LYRICS.

Still, v harsh to be DQ'd I'm feeling for you pal

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alexliu
From: Wellington
Since: Oct 2016
Posts: 4

Unfortunately, the melody does become copyrighted, it's a big grey area but it sucks. Also, music doesn't get covered under fair use :/

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Robstar Rapper
From: Gisborne
Since: Jun 2013
Posts: 129

Yeah it happens. My friends video on youtube got flagged because he sung an Acoustic version of an Incubus song, completely different chords, just the lyrics and flow matched and somehow youtube detectors detected it.

Ratchet dude, upload the film so we can see.

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JagFirefox
From: Christchurch
Since: Oct 2016
Posts: 4

http://www.48hours.co.nz/screening-room/2016/christchurch/the-delivery/

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hl
From: auckland
Since: Apr 2011
Posts: 72

yikes - might be worth asking why.

Id totally buy a shirt that says -
Buy Today - Pay Tomorrow - Get it Yesterday

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Robstar Rapper
From: Gisborne
Since: Jun 2013
Posts: 129

I guess the judges we're really strict.

As a musician I sometimes come up with a dope chorus only to find out that I had subconciously ripped off David Bowie. lolz. Even if I don't know the song, maybe i've heard it on the radio, just my brain retained it somehow.

Better luck next time dude.

Perhaps Whitney Houston's estate are really strict with their copyright?

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themorgan
From: Auckland
Since: Apr 2011
Posts: 655

I'm really sorry this happened to you.

There's no "fair use" in New Zealand, we have "fair dealing" which is different and much more limited.

Happy Birthday has been out of copyright in New Zealand since 1961 so it's not really comparable.

I think it's safest just to write everything for yourself. If you want a character to sing something, write that song.

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Sam Spooner
From: Auckland
Since: May 2012
Posts: 91

Maybe if you had only used 1 of the 2 snippits of that song you would have been okay, but to be honest its not really ever worth risking it. Its too bad man that's a cool little film.

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JagFirefox
From: Christchurch
Since: Oct 2016
Posts: 4

Cheers for the responses, good to hear some of this. Won't be forgetting this mistake next time dam

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jesus10
From: Wellington
Since: Sep 2016
Posts: 5

Just saw your film. I understand how painful this must be. It's just two or three seconds!
But I understand the organization cannot risk any copyright issue. Very sorry for that.

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Steve Austin
From: Auckland, New Zealand
Since: Apr 2011
Posts: 127

I once had to DQ a team from comp for singing "Stop, Collaborate and Listen". Was tough, but had to do it to keep the rules (and legals) fair.

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Spicy Del Moro
From: Auckland
Since: Oct 2016
Posts: 2

That is a shame. Especially since there was a film in this year's Auckland finals that had a character sing some lines from a classic song.

In "Charlie Loves Me Most" by Rambunctious Gumption, one of the lead characters sings three or four lines from The Turtles' "Happy Together".

I was confused as I thought for sure that wasn't cool, but hey - it was the finals! So I'm not sure. Regardless, bummer!

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themorgan
From: Auckland
Since: Apr 2011
Posts: 655

in reply to Spicy Del Moro:

I was confused as I thought for sure that wasn't cool, but hey - it was the finals! So I'm not sure. Regardless, bummer!

I questioned the same thing but my wife said they had a credit that it was used with permission.

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2015 | Crumbs | RomCom, Animated | DQ & Very bad!
2014 | I am ball | Musical, Animated | Auckland finalist: Best Use of Prop
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Jimmy Delta, Neon Panther
From: Christchurch
Since: Oct 2016
Posts: 1

Hey guys appreciate the comments and the feedback on our film. A good mix of comments on here ranging from people getting dq'd for doing less copyright than us, which is reassuring in a weird way. Interesting to read from some of the 48hour historians, that some of the 48hr films in the grand finals, have had copyright but managed to slip through.

You're a bloody legend JagFireFox.

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Spicy Del Moro
From: Auckland
Since: Oct 2016
Posts: 2

in reply to themorgan:

"I questioned the same thing but my wife said they had a credit that it was used with permission."

Whoa ... that is amazing they got permission for that song. It's almost used as a throwaway in the film, that's pretty rad.

I mean, how do you get permission for a Turtles song? Damn ... I'm impressed.

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