If you’ve produced a few tribute, legacy, or memorial videos by now, you know what your clients want: lots of pictures and videos accompanied by their favorite music. Music is the soundtrack of their lives, and they want to hear their soundtrack to match the various periods in their lives, be it the Beatles, Herbie Hancock, or Ella Fitzgerald.
In the privacy of your own home, or that of you’re client, that’s not a big deal. But if you’re making real money for your services, working for a major corporation, showing the Tribute at Carnegie Hall, or– putting it online, there will be the possibility of major problems. This may wake up the copyright “police”, and Dad’s Favorite 50’s tune may have to find it’s way to the cut-out pile.
What I want to deal with here is the online use of copyrighted music, which dominates many tribute videos.
The Dirty Little Secret of the Home Market Producer
It’s easy to find public domain footage to help start off a period section of a tribute or wedding or retirement video, but almost impossible to set the tone for an era with copyright-free period music. Over the years, Congress has extended copyright protections to the point that those protections will outlive the lives of authors and performers. Radio stations pay an agreed on statutory rate for using pop music, even as the very use promotes that same musc. TV uses pop songs, but they sometimes disappear when the DVD or streaming versions are released, simply because home market rates are higher than broadcast rates.
When my brother Dennis and I started our Tribute business in the nineties, we involved a composer to build us a suite a music we could use for the tributes we produced. We knew about copyright, and wanted to set a higher standard with our emotional orchestral music to set scenes, as opposed to “Small Town” by Mellencamp, “Jersey Girl” by Springsteen, or “These are Days” by 10,000 Maniacs (notwithstanding the fact that these are all excellent choices).
Well, that didn’t last long. If a client producing a 50th birthday video for Uncle Don wanted to use Don’s favorite Sinatra tune, well, dammit, that was the client’s choice, and the client is always right– if you want to get paid.
In the short run, it was a risk we had to take– after all the audience for these tribute videos may be only 5, 10, or even just 100 people. But then this online thing came along, and tribute and wedding video producers were eager to put their work online, both for promotional reasons and as a nice add-on for their clients. After all, 90-year-old Aunt Judy in Seattle might not be able to make it to the engagement party in Maine.
Enter YouTube, Exit the Wild West
In the early days of the Internet, on-line video was difficult. It involved proprietary compression schemes to get around the slow bandwidth rates. Chances are the producer would compress the video, post it, and require the viewer to download the right codec (like Flash or Windows Media, RealMedia or Quicktime) to play it backed. Kludgy, but it worked, if you could put up with video no larger than an eighth of a screen.
Then along came YouTube. YouTube did not arrive fully grown. It had its limitations, and was happy if you were uploadingm no matter what the content. But as YouTube grew, things slowly changed, and when it was purchased by Google, well look out. The quality and playback capability slowly improved, and the gold rush was on.
YouTube had competitors, with the two remaining today for consumers being DailyMotion (free) and Vimeo (subscription for the producer). We’ll leave Twitch out of this for the moment).
By the md-2000’s, all of these platforms were aware of copyright and warned uploaders about the legalities of same. But in the last decade, all of them had installed sophisticated algorithms to detect primarily audio copyright infringement, and agreements with various large corporate owners to automatically stake claims to copyright upon upload. Yes, that fast.
These sample videos include copywritten music. In the case of the business videos, all music is paid for because it was carefully selected “Library Music” for which we paid for the right to use in the video. In the case of the tributes, it was a mux of library music and pop tunes. Recently, after seeing how YouTube reacted to this music, I decided to look ito DailyMotion’s and Vimeo’s reaction as well. Here are the results:
YouTube has the most thorough tools to seek out copyright issues, but is also somewhat lenient (at a potential cost to you).
YouTube’s arrangement with copyright holders allows the owner of the copyright to determine the penalty for using their music. In many cases, they will allow it, as long as they can monetize your video instead of you. (Monetization– getting a cut of the ad revenue generated by your video only kicks in when you have 1000 subscribers.) So the penalty is that your video cannot be monetized and is instead monetized by the copyright holder or holders. HOWEVER, some copyright holders with a more stringent view will block your video from being shown in the markets for which it has the copyright (in most cases, the United States). This cuts out your primary viewers so you might as well take the video down. This happened for me in a Tribute Video for a client in which a romantic section used Clapton’s “Wonderful Tonight”. It was the couple’s favorite song.
YouTube gives you the option of automatically substituting the offending song with music you choose from their free library. This is good, if generic, music and will allow your video to be shown. It’s a decision you’ll have to make: Does the meaing of the section disappear without the copyrighted material, or will the pictures running over the new music suffice?
Clearly Daily Motion is an “All or Nothing at All” situation. If they find ANYTHING offending, the simply kill the video. They don’t let you know what songs have been flagged, and have no means of automatic substitution. It’s up to you to make the substitutions in your video editor and try again.
Despite clear copyright warnings, Vimeo, which charges $12 / month for its service, did not automatically flag videos which YouTube and DailyMotion bounced. Whether they simply expect you to act in good faith, or whether they do manual reviews or rely on viewers to report infringement is unknown, at least to me. The above video, for which I had to use substitutions in order to make it available on YouTube, is residing on Vimeo in its original form.
I have read (but not tested) that live streams are far more lenient on copyright issues, but once you post those live streams as regular videos, they do get flagged.
Facebook does have a stringent copyright policy but is somewhat lazy in the way it enforces it. When I attempted to upload one of the above videos, it called out a single instance of song rejection, told me to make a substitution manually, and resubmit. I did, and then it found another single instance of an offending song. This went on one-by-one until I realized it was never going to end, and didn’t end up posting the video.
This article does attempt to offer real legal advice. It is only anecdotal in nature and your mileage may vary. It does not condone or recommend copyright infringement in any form.
For more than a decade, my Aunt Virginia Lee ran the Prudential Theatre in New Canaan, Connecticut, called the New Canaan Playhouse. My father’s family lived in Norwalk, Connecticut, and New Canaan back then was about a half-hour ride down a two lane highway. So I, my brother and my sister alternated taking “vacations” with the Lees of Stevens Street. My grandparents, being grandparents, and having worked in the hat factory most of their lives, would on occasion persuade “Aunt Ginny” to take the visiting minikid to the theater with her, to give aging Ma and Pop Lee a few hours off.
This was the best thing that ever happened to me. Starting at age 7, and ending at age 15, I spent a few weeks, then a few months every summer at the theater. The last two summers, I was employed as an usher and learned how to walk backwards with a flashlight (when theaters were still truly dark). And a saw a lot of movies. In those days the Playhouse was a single screen theater, there were two or three shows a day: 7pm and 9:30pm, and on Tuesdays and Saturdays, a Matinee as well. My grandfather worked the matinees as the ticket taker, resplendent in his starched shirt and bow-tie.
Of course, as I spent more and more time at the theater, I got to see some great movies, as many as 16 times in a row. Some of the those films really affected me, and I’m here to list the top five and why.
Forbidden Planet (1956)
This is now regarded as one of the great science fiction films of the fifties. It uses an all-electronic score, even for the opening credits, which were credited as “tonalities” not music.
It is the story of a spaceship from our planet (led by square-jawed pre-Airplane Leslie Nielsen) going to a remote planet to retrieve a scientist who is the sole survivor of an exploratory crew sent 20 years before. Leslie falls in love with his daughter (miniskirted Anne Francis), the doctor has strange mental powers, there are weird howls and images of large lions jumping through the air It’s all because of some left-behind technology by a prior civilization, who built a giant underground machine to pump up their intelligence.
For a 7 year old, it was frightening. Sitting in the tenth row, I actually called out repeatedly to my aunt when one of the monsters showed up on the screen. She wasn’t happy.
But this wasn’t a creature from outer space movie. It was actually a take on Shakespeare’s The Tempest, and very thought provoking, even for a seven year old. Repeated viewings much later via dvd and vhs proved that to me.
Lonely Are the Brave (1962)
Kirk Douglas is a cowboy lost in a modern (the 1960’s) world. He’s the last of a breed, and wanted by the law. The film is a study of a man trying to adapt to a new world, one which he has ignored most of his life in favor of the “old ways”. But modern police methods, big city traffic, new attitudes and the pace of a new world are seemingly too much for a man on a horse. I only saw this one once, and I don;t remember the ending. But the empathy you feel for Kirk and his own view of the world are very real, and you root for him to elude capture (if I remember, he doesn’t but I may be mixing it up with “Cool Hand Luke”).
Irma La Douce (1963)
Well, if I hadn’t already reached puberty, this would have done the trick… Shirley MacLaine as a Paris prostitute. This was a Billy Wilder film with all of his typical humor, and features Jack Lemmon as a naive cop. Shirley teaches him a few tricks. It also features Lou Jacobi in the role that really made him, but that’s another story. Great music track, basically studio shot (I know Paris streets can be small but not that small). I only saw this a few times, so I don’t remember the whole thing, but took a look at a few minutes on Amazon the other night and got reacquainted with my Catholic guilt.
A Shot in The Dark (1964)
Now we start the summer where I worked for three straight months, and these are the films I saw 16 times each. Let’s start with a “Shot in the Dark”, the second Pink Panther film and this time I fell in love with Elke Sommer, the femme fatale of the movie. Peter Sellers is in his prime as police detective Inspector Clouseau, and Herbert Lom is his long suffering commander his first appearance in the series). George Sanders is the perfectly oily villain, setting up Elke Sommer to take the fall for a murder. And speaking of falls, there are plenty, from the tumbles in the suprise practice judo attacks of manservant Cato, and all kinds of pratfalls , both dry and wet, by Sellars. Also, in this film he began using the exaggerated French accent that he would use for the rest of the series.The main theme by Henry Mancini uses an early synthesizer as the lead instrument, and is perfectly paced for the cartoon vignettes that used to populate the credits in comedies like this. I can stil laugh at this film!
The Carpetbaggers (1964)
Was a fifteen year old boy ready for this film? No, but I loved it. “This is the story of Jonas McCord”….so begins the narration, and so begins this story, really, of Howard Hughes, as Hollywood would see it. There is sex, big time fights (Jonas and Alan Ladd as Nevada Smith– his last role), more sex, an unrequited love, crazy airplane daredevilry, and lots of alcohol. The music by Elmer Bernstein is incredible– pulsating western motives, in a big movie large orchestra style. Get the soundtrack on CD if you can. I never stole any f this music for my early slide shows but I should have.
EXTRA: A Hard Day’s Night (1964)
My Aunt told Headquarters she would have nothing to do with it! So I went to see it that summer in Pleasantville, New York with my friend Dave English. I would have preferred seeing it 16 times at the New Canaan Playhouse.
The New Canaan Playhouse was a single screen theater back then, and the last time I was there (begging to be let in for a looksee) it had been split into two theaters. It is now run by BowTie Cinemas, which is a good sign.
During my run as an usher, I broke up two lovemaking sessions in the balcony, ate a lot of candy working at the candystand, read and collected a lot of press kits (where I was introduced to the world of blatant PR), and spent an inordinate amount of time in the projection booth with Jimmy, the potbellied old man who I had to assume worked there forever. I also learned to drink gallons of coffee in paper cups from the variety store next door.
This is the most popular form of “first time” video use in the corporate world. I say “first time” because everytime a new marketing manager or multimedia corporate manager is hired, this is their first video, even though it may have been produced by others dozens of times. But time marches on, and the basic “Corporate Overview” is never out of style. Humble beginnings, incredible growth, state-of-the-art products, remarkable people, and of course, god-like management who can see the future– these are the basic story points. And as for the future– we’ll be there.
Our Country, Our Company: We Grew Up Together!
If your companyhistory is boring, this is the way to jazz it up. Dress up your company’s minor accomplishments by surrounding them with parallel happenings from history. To open a meeting for a boiler company whose product hadn’t changed much in 45 years, we did just that– did a decade by decade rundown of world wars, pop culture events, moon landings, wars, and, oh yes, the one or two acquisitions the company had made and pictures of their aging sales agents along with a dash of “Aren’t We Great”. It was an unbelievable success. The company’s current sales malaise? We blamed it on the hippies.
New for The (Insert your decade here)!
When your decade gets past the five year mark, it’s time to start talking about the next decade and how much greater the company will be then. New technologies, new ideas, new products, new marketing– it’s all around the corner. Couple this with flying 3D text and psychedelic motion backgrounds, and you’ve just made it past another sales meeting.
You’re Not the Slug You Think You Are!
Getting more out the company’s people is the job of the Human Resources Department. Every so often, it comes time to remind the employees that they are an important part of something REALLY BIG (and it’s time to get their collective asses in gear)! So you come up with a theme for some posters and then decide to do a video based around that theme– Let’s call it “Dare to Be Great!” Now it’s time to toss around phrases like “Exceeding Expectations” and “Paradigm Shift” and “Core Competencies” and blend them with employee interviews with scared, shell shocked (those lights are bright) employees trying to say something positive about the company. You’ll save it at the end with a nice, motivational montage of workers waving at the camera.
The Greatest Thing Since Sliced Bread! (Alternate: Even Better than Before!)
It’s time to roll out the new products. (If your product is actually a first of its kind, skip to the next section). Next year’s model has…uh… a NEW logo, an incredible 1% increased efficiency in the deeblewopper, and a new model number. This calls for sexy slow pans across the product, every damn inch of it. Big music tells the audience this is important, and, if this is at meeting, maybe impress the audience with a 10X scale model of the Dominator 3000 (always use next century in your model numbers). And, oh, yeah, dry ice all over the damn place for that foggy glow.
He’s 75 Years Old, Let’s Give him a Tribute Before It’s Too Late!
Someone at corporate has just discovered Willard S. Smocks, a store manager in Staten Island, is 75 years old and has been with the company for 50 years. Time for a nice tribute. Send a crew out to get shots of him at work, record nice words from his fellow workers, and gather old pictures if there are any. Make sure you get the passing of the plaque from the regional assistant director (that’s all the company can muster) to Willard surrounded by his loving co-workers. At the shoot, you discover he’s camera-shy, kind of grumpy (he never made it to corporate), and his co-workers are hanging on for his oft-threatened retirement to vie for the store manager position. Fix it in post with a freeze frame of his half-smile and the words “Congratulations, Willard” underneath.
70 is just a number. But in terms of mortality, it’s a decent number. I’d rather be younger, but I’m happy to be here. And at 6:25 this evening (2-27) I will be, in fact, 70.
At a family birthday party last weekend, my son Matt asked me what inspired my move from multi-image slideshows into video production as the primary medium for “audio-visual communications”.
We were waiting in the car for his bus back to NYC. Just as I was about to start spewing whatever popped into my head, his bus rolled up. As we said our goodbyes, I remember that I had written something about that move way back when. It was for the magazine “Multi-Images”, which was published by AMI, the Association for Multi-Image, the trade group for those in the multiple slide projector show business.
I found the article, scanned it, and sent the PDF to him the next day. It was written five years after I left my first business to start a second business on my own, bringing some staffers from the first business with me. Date of publication was 1987 or so. What I wrote was basically honest, although I simplified the motivations for starting over somewhat. Anyway, the PDF is below, and if you’re up for a magazine article sized read, you’re welcome to indulge and comment.
The Wall Street Journal recently ran a series of articles detailing a number of trends in corporate communications.
One trend they sighted was the increased reliance on something called “Corporate Storytellers”. These are folks who work with companies to unearth their past, often after years of conglomeration, buyouts, downsizing, and more. The story emphasizes the use of live narratives, even original songs, to help reinstate a sense of heritage, purpose and belonging.
Another trend they focused on some time back was the “Tribute” video—a life story on video or slides of an accomplished person, living or deceased, who has impacted a company, a group, or even a family.
Well, we all know trends come and go, and we also know (those of us that have been around a bit) that trends are cyclical. One thing that seems to be a steady interest? People to want to rediscover their roots.
That’s a healthy thing—at home, and especially in business. And telling the true stories of companies and their people is a great way to rekindle a company’s purpose and passion.
People Want to Belong
People want to belong. People want to believe. People want to work for the common good. Ignore these needs, and you have people that will substitute these needs with personal agendas, or even worse, counter-corporate agendas. They have to fill the vacuum!
We believe there is no more powerful tool than the well crafted, well documented, well produced, honest and entertaining…. VideoStory.
That’s the name of my production company. Why? We succeed most when we tell the stories of our clients in ways that make that material motivating, accessible, believable, and purposeful. People want to believe in people. They need heroes, role models and road signs. You can provide them that with the right kinds of stories.
We helped a mushrooming corporation bring its various acquisitions worldwide together in a common belief system, when we pointed out that the company’s growth could be liked to the growth of a tree. Why a tree? The company started in wooden products, developed forests, moved into paper, and moved beyond paper into products that provided many of the same functions. The company still owned and nurtured forests. A foreman in a Washington State location took us (and our cameras) on a tour, and we were able to build in logical departures that helped bring together the diverse divisions, their people, and even their local communities into an understanding of the company’s heritage and values, and the part they could play in its future.
One of the Country’s leading Marine engine manufacturers celebrated a major anniversary. Having gone from being owned and operated by the engineer that developed the company’s engines, to a division of a major international corporation, there was a disconnect between the company’s family heritage and perceived issues about the nature of corporate owners. The story of the founder, his genius, his quirks, his marketing techniques, the struggles to grow, the need for funding and the acquisition, and the public’s ongoing devotion to the product and company helped that anniversary become a true celebration—of the company’s past, it’s future, and the dedication of the current owners.
And many times, we’ve had the opportunity to show that the philosophies of the founder of a large drug store chain have been the framework for the company’s ongoing success over the course of 100 years, through new merchandising trends, health care changes, and even in the wake of amazing growth. We’ve produced documentaries, original songs, and video communications both silly and sublime to help keep the ship on course.
Learning From The Past
We learn from the lessons of the past. But those lessons must be recorded, codified, visualized, and made entertaining AND meaningful. And they must be told with consistency.
That’s why we produce VideoStories. We know of no better way to convey the essence of a company, its foundations, its new directions, and the role its people play than through VideoStories distributed on DVD, CD-ROM, tape, TV, the Web, or within PowerPoint presentations. Send them in an email. Send them a DVD. Tell your dealers or your employees the story, so they get onboard and sale with their captain.
As you consider your future in video storytelling, and as you read our book, remember that it’s the people that count the most. It’s attitude, dedication, teamwork and just rewards. If a company can tell this story, I hope you get to tell it.
You don’t have to have giant budgets or big crews when the story and existing resources are good. This video was produced on a modest budget, but did wonders for the company’s image and sales. A chocolate company sourcing its beans from The Republic of Ghana in Western Africa had such a story.
Omanhene cocoa products are custom-designed for the specialty coffee industry and are available on a wholesale basis to the trade. We service coffee roasters, cafés, coffee supply distributorships, restaurants, stores and offices.
About the video, owner Steve Wallace said, “I give Brien and his firm my highest recommendation without reservation. They executed a short video 3-5 minutes on time, on budget and with great narrative effect on a short time frame. Great experience in the field which works to the client’s advantage. Understands that video must work for the client — not just for their own creative portfolio. A pleasure to work with — high integrity.”