Restricted Use of FreeplayMusic.com audio in video blogs

Written by Fritz

Topics: Blogging, Vlog

Everyone who makes video blogs should read this, IMHO.

Being responsible bloggers, in as much as possible, we choose to only publish works that are truly our own. We try to be conscious about copyright and practice necessary attribution whenever we publish materials painstakingly made/created by another IF at all we use works done by other people. A text inquiry from Lorna made me plurk about the concern she brought up regarding the not-so-free use of FreeplayMusic mp3s in vlogs. Surprised, I decided to find the truth out myself by sending an email to FreeplayMusic directly (disclosing who I am and my URL in the process).

Only recently did I find out that my fear and Lorna’s are indeed founded.

The email exchange between me and Julie of FreeplayMusic went like this:

From Fritz:

“I’ve read the freeplaymusic.com rate card and I was wondering whether my interpretation of the stipulations you have presented is correct. Does it mean that if I use an Indie music in one of my video blogs, for as long as it is under 4 minutes per episode and I attribute the artist and Free Play Music accordingly, I am then not required to pay the minimum rate? I think I usedfreeplaymusic.com downloaded mp3s in about 2 of my previous under-4-minute video blogs and that I made the proper attributions (as a responsible blogger) but I nevertheless felt the need to email you to clarify if indeed my interpretation holds true. I shall gladly take alleged videos down and replace them with royalty free music elsewhere if I am indeed to be charged. Heh, I’m cheap like that (chuckles) and besides, I don’t earn a single cent from blogging. Passion is what drives me to maintain the ad-free site.”


Reply from Julie (in behalf of Scott):

“I am writing on behalf of Scott with Freeplay Music. We appreciate you contacting us to ensure proper use of our music. Use of Freeplay Music in a video blog does require a paid license to be secured with us. We make every effort to keep the cost for personal use minimal. One year of personal web video use will cost $25 for background use and $50 for opening/closing use, per music title, per 4 minutes of use, to license with us. Please provide me with the following information which is needed to prepare a retro-active license which is required for your prior use:

Licensee name/address/tel/fax:
Name of Authorized Signing Party:
Title of your Production:
Name of Freeplay titles selected:
URL:
Start Date:

I will then e-mail a simple one-page license, to be signed and faxed back to us, along with payment options/instructions. We accept payment by credit card, PayPal or by check. Should you have any additional questions or concerns, please feel free to contact me and I’d be happy to further assist you.

We appreciate your interest in Freeplay Music and look forward to hearing from you.”

Irked at the lack of relevant info, I sent this reply:

“Hi Julie:

I have questions and most of them weren’t answered. I am unsatisfied by the seemingly canned response. Please reread my original email and ellaborate more on the more pertinent matters.

Again, thanks and best regards.”

Clarification came in at last:

“Fritz,

I apologize if I have not answered your questions. The way I understand your e-mail, your questions are as follows:

1. I’ve read the freeplaymusic.com rate card and I was wondering whether my interpretation of the stipulations you have presented is correct. Does it mean that if I use an Indie music in one of my video blogs, for as long as it is under 4 minutes per episode and I attribute the artist and Free Play Music accordingly, I am then not required to pay the minimum rate?

No, you are required to pay a licensing fee. Our rates are per 4 minutes of use, using less than 4 minutes does not reduce or eliminate the licensing fee. We also require screen credit be attributed to www.freeplaymusic.com as a part of our standard license agreement. Attributing credit does not mean that the music can be used without paying a fee.

2. I think I used freeplaymusic.com downloaded mp3s in about 2 of my previous under-4-minute video blogs and that I made the proper attributions (as a responsible blogger) but I nevertheless felt the need to email you to clarify if indeed my interpretation holds true. I shall gladly take alleged videos down and replace them with royalty free music elsewhere if I am indeed to be charged.

Because the music has been used, a retro-active license will need to be obtained. I will be happy to assist you through this process. Please provide me with the information requested in my previous e-mail which I will need to prepare the license. For your reference, our standard rates for one year of personal video use are:

PRODUCTION LIBRARY
$25 for background use
$50 for opening/closing

INDIE LIBRARY
$75 for background use
$150 for opening/closing

If you have any additional questions, please do not hesitate to contact me.”

It’s crystal clear that FreeplayMusic.com may not be used in vlogs in the absence of a license agreement between the vlogger and the source website. This license can be acquired if we pay the license fee, despite the length of music you used that came from their site, depending on the use and what part of the video you used it for.

I made the following reply soon after:

“Thanks for the clarification, Julie. From my review of the short video blogs I made, I have seen that I have only used freeplaymusic (complete with attribution) once in a 20 second video. I have mistakenly confused a music file I got from incompetech.com by Kevin McLeod as coming from your site for the other video I mentioned. So, two videos, one’s from incompetech, and the other one, 20 measly seconds from yours, is what I’ve made so far. I have taken down the 20 second video and will replace [the music from] it with another truly “royalty free” and free to use music.

I have stumbled upon freeplaymusic.com from recommendations all over, probably missing or misinterpreting the fine print stipulation in your website that use for broadcast, personal or otherwise, of freeplaymusic.com music is free as long as we stipulate and appropriately attribute the artist and freeplaymusic.com is already enough for us to use your material. That seems to be a general misconception as I’ve read that [a video hosting site] before recommended this site as a resource for free-to-use royalty free music which is [what prompted me to] directly emailing you guys on the matter was the right thing to do.

As I have mentioned, since views for said video had only been mine to date plus around give or take a couple others, I have taken down the video. I’ll be replacing it with music from another free music resource site.

Thanks and more power to you and freeplaymusic.com.”

I hope this helped clear matters for you as well. If in case you are wondering where you can get your background music now, you may check out the sites below. There are other sites and artists out there as well who offer free use of their material in exchange for the minimum proper attribution. If you happen to know some more, please suggest them in the comment area if you may. Here are the music resources I found so far:

  • www.jmtr.com (free to use “as long as you credit “Jonathon Roberts (jmtr.com)” per the site’s FAQ)
  • www.jimmyg.us (credit the site and author for free use. See FAQ for details. Registration required)
  • www.incompetech.com (by Kevin McLeod. See FAQ for attribution requirements)
  • www.mobygratis.com (by Moby. I can’t believe it myself. I had to squint at the text and look for a fine print describing how we should get the license but there’s none. Register for a login name and use away. Read about the details from said site)


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16 Comments For This Post I'd Love to Hear Yours!

  1. nina Says:

    Sabagay, it’s FREE to PLAY nga naman, but not to use. *insert annoyed smiley here* Buti nalang I haven’t used the music clip I got from them yet.

  2. kaffee Says:

    This post is relevant in so many ways, Fritz. Besides clarifying your position (and that of the music source’s), it also makes for a good reminder to [1] always make the attribution [2] go beyond lists and recommendations and navigate past a web site’s front page to [3] check for the the essential fine print.

    Good post. Cheers and best wishes – K

  3. Fritz Says:

    Now I have to change one vlog’s score via some other site. Bummer. Oh well.

  4. Fritz Says:

    We sometimes learn the hard way, not? I want to share my learning with everyone else so they won’t make the same mistake. Thanks kaffee!

  5. TheBachelorGirl Says:

    Hi Fritz,

    Thanks so much for taking the time to clarify the issue. So will you still be charged? :-(

  6. Fritz Says:

    They never got back to me again when I sent my last reply and I already took the video down. Fercryinoutloud, $25 for <20 secs? They kidding me?! LOL Thanks for bringing up the matter, Lorna. XD

  7. ManuelV Says:

    From what I’ve seen, “royalty free” means you usually pay a single fee no matter how many times your site visitors play the music. This is different from Incompetech’s “free” music (although attribution is still expected).

    Perhaps the lesson here is to ask first for permission, or get a license of sorts, before the music is used (whether for final use or a trial comps).

    And as for FreeplayMusic.com, I wish they would put an audiomark on their mp3’s. That way, people will get permission first and be given the mp3 without the audiomark.

    I mean, that’s better than springing a request for a retroactive license on people, right?

    (Other companies offering royalty free music use audiomarks.)

  8. Neil Says:

    Geez. The name really says it all–FREETOPLAY but not FREETOUSE. Boo. :(

    Thank you very much for the enlightening post, Fritz. This truly is a MUST READ for aspiring vloggers out there (tingin sa kaliwa’t kanan) or to those who plan to produce flicks with their, umm *only* free-to-play/stream/download-then-delete music files.

    Oh yeah… what about those students who’ll use their files as BGM for their short flicks? Or it’s another issue? :D

  9. Fritz Says:

    I could have sworn that rate card wasn’t even there yet when I first used their music. Then again, I may have just grabbed a song and used it since some sites I visited claimed that FPM will let you use theirs so lang as you attribute. Audiomarks could make their lives easier, yes.

  10. rgbconnections Says:

    try ko nga to.. thanks sa info. ;)

  11. letsgosago Says:

    thanks for the informative post!

  12. gimmeabreak Says:

    Are you trying to make a living as a musician? No?

    But you want to use struggling artists’ music for your precious vlog – for free.

    And then, smugly blast the forces put in place to protect musicians from theft.

    It’s people like you who caused Stephen Foster’s early death, starved and penniless.

  13. Jimmy G Says:

    Thank you for the clarification on this issue. Is registration a bad thing for users do you think? Since I force a registration, I may be losing people? I have yet to send out even an informative email yet, however.

    I figure for the value of the music I’m giving out for free with the CC license, requiring registration is the least that someone could ‘pony’ up for…

    Thanks again,

    Jimmy G

  14. Fritz Says:

    Registering for use of your music is, yes, the least we can do to be grateful. Thanks for sharing your compositions in exchange for a minimum attribution requirement. I haven’t used them yet, though, but the fact that they’re readily there for royalty free use shows greatly of your kindness. I’ve got to agree with the quality. Top notch. Thank you, thank you, thank you, and more power to your music!

  15. jaydj Says:

    informative post. royalty free music isn’t generally understood by the public and mistakens “royalty-free” as “free to use”. Royalty free basically means that after securing rights to the audio (usually by paying a one-time fee), you don’t need to pay anything afterwards for use, no matter how many times. “non-royalty-free” means that even if you’ve paid the initial fee to secure rights to use it, you still have to pay royalties for usage for it’s lifespan which can be paid either by duration or views.

    The best and safest way to use music in vlogs is to create your own. Of course, not everyone is a musician, but still, there are ways of creating music. Experiment and have fun !

    That’s also why http://www.yougottech.com uses originalmusic for its soundtrack… actually, ako nagcompose and nagrecord nun. ;) hehehehe!

  16. Jimmy G Says:

    Thanks so much for the nice compliments. If I could figure out how to raise up in search results for “free royalty-free music” perhaps I’d have more of an impact. For not there is a HUGE difference between “royalty free” and “free royalty free”.

    My intention with the site is merely to help build my own network. Plus to give back to an Internet generation that have given me so much…

    Thanks again, your comments are highly prized by myself. I do appreciate it very much! ;)

    Jimmy

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