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Wednesday, October 17, 2018

IBO Best Practices

Once you decided to start your own Independent Business, you entered into a commercial enterprise.  By engaging in this commercial activity, you take on new responsibilities relative to your use of music and videos, whether on social media or at any type of IBO gathering.

Music and videos routinely contain a bundle of exclusive rights - commonly referred to as "copyright rights" - that may be owned by one or more copyright holders.  Copyright holders own the exclusive rights of reproduction, adaptation, public distribution, public display, and the digital sound recording transmission right associated with a given copyright work of authorship.  

Copyrighted music may not be used in any way in connection with your business, unless you first obtain a written license (permission) from all relevant copyright owners.  This is a complicated and potentially expensive process so the easier course of action is "don't".  If you decide you want to use music, please consult with an attorney, because you often need more than one license, particularly if you intend to use recorded music.

Videos, by their very nature of combining images and sound, often raise complicated copyright issues as well.  A substantial number of videos on the Internet contain a number of potential copyrighted materials.  Relevant copyright owners not only include the videographer who created the video, but also include the owners of any copyrighted works within the video, including the script or staging of the action, photos or other works of art appearing in the video, and the owner of any music and sound recordings in the video.  

The music and entertainment industries are quite strict about protecting copyrighted works and copyright owners.  So, you may not post anything on YouTube® with copyrighted music and you may not share any videos in any way (Twitter®/Facebook®/email or at IBO gatherings) that contain copyrighted music or other copyrighted works.

In addition, many state laws protect the publicity and privacy rights of people who appear in the videos (sometimes referred to as the right to a person's "name and likeness").  While you may often hear about these rights in connection with celebrities, non-celebrities have certain rights as well.

You may hear licensed music at events.  The rights for that music to be played at functions is paid for by the IBOAI.  However, we are NOT permitted to record that music in any fashion - either by the A/V team hired by us or by any member of the audience.

For further information, go to the IBOAI website (IBOAI.com) and see the Music / Video Copyrights Guides.

Please let us know if you have any questions.