Technology

Beware of copyright infringement when recording sound effects

Copyright is a set of rights assigned to the owner/creator of an original work. Those rights are automatically assigned at the time of creation of the work. For the sound recorder and designer, these rights are essential to be able to control any sound recording created and how it can be used. It is fair to say that they are the soul of our work.

Copyright must be respected and considered at all times when recording sound effects. It’s easy to overlook potential copyright infringement when you’re out in the busy world of recording. We are bombarded with recorded sound on a daily basis and it has become an ingrained part of our lives. From advertising and radio and TV shows to toys and ringtones, copyrighted material is everywhere and it’s all too easy to accidentally capture copyrighted sound in a sound effects recording. Doing so renders that sound effect unusable with the possibility of serious legal action being taken against you.

So how easy is it to accidentally capture copyrighted material on a sound effects recording? The short answer is very easy. On many occasions I have been in the studio editing recordings I just made and find that I captured the ringtone of a passing person’s phone or the music being played by a passing car. It may seem insignificant, but those ringtones or music are copyrighted and it is illegal to record or distribute copyrighted works without the permission of the copyright owner.

I’ve compiled a list of some of the copyrighted sounds we hear regularly that we may accidentally capture when recording sound effects:

1. Music: Music is everywhere: on the radio; TV; stereo system; background music in stores; restaurants and bars; computer games; toys; contraption; sporting events and more.

2. Ring Tones: Most modern cell phones have a variety of pre-recorded ring tones available and many are copyrighted. Even that old ‘Bell’ telephone sound is probably a recording and is copyrighted.

3. Toys and games: Electronic toys and games often use short audio recordings. From the spoken catchphrase of an action figure to the buzzer of a board game, they are probably protected by copyright.

4. Computer Games: The audio in any computer game is almost certainly copyrighted, including arcade games.

5. Software: All those interface beeps, button clicks, musical signatures, etc. they are probably all protected by copyright.

6. Recorded Ads: These can be some of the easiest copyright infringements to commit. Recorded announcements can be heard at: train stations; airports; bus/coach terminals; sports events; trains; aircraft; buses; ferries; elevators; shops and many more places.

So always remember to consider what and where you are recording. Take the time to listen to the surroundings of where you will be recording to establish the risk of recording copyrighted material. If you do, it will not only be a waste of time, but it can land you in serious legal trouble.

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