Using musical legally is difficult, here is what we know about the process.
With Tukios, you have the ability to upload music to the videos that you are creating. However, you need to know the laws surrounding this.
There is a common misconception in the industry that it is okay to purchase a song from iTunes and upload it for use in a memorial video. Legally this is not the case. Songs being used in videos must have what is called a synchronization license. This license is not part of the performance license provided by the ICCFA or the NFDA.
Synchronization License: This is the right to synchronize a song or a piece of music with your visual image. It must be obtained from the copyright owner of the music, which is usually the publisher. You can find out who the publisher is by using ASCAP's Clearance Express (ACE) at www.ascap.com/ace. Songs that are not represented by ASCAP might be found at HFA (www.harryfox.com). You will be provided with a contact at the publisher's Business Affairs or Licensing Department.
To keep out of trouble, it is best to use the songs from our library. If you have a family member who wrote, performed, and recorded their songs, they own all of the rights to it, and they permit you to use it in the video, then you are okay to upload those songs. Otherwise, it is best to avoid uploading your music. For this cause, we are unable to ship physical products that contain user-uploaded music for licensing reasons.
We have added a statement of the Upload Music section of the website that states, "By clicking “Agree and Accept,” you represent that you have obtained all appropriate licenses for any music you upload to Tukios, and you will defend, indemnify and hold harmless Tukios, Inc. and all of their respective owners, employees, agents, successors and assigns from any claims of third parties arising from your breach of this representation."
**If you want to add music from outside of our software, the safest way to do that is through Amazon Music. The steps on how to get music from Amazon is linked here.
If you have any other questions, please feel free to email or call us.
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