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destron

music use legality

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lets say i'm making a non-profit CG short movie (which is what i'm doing) and i want to use a part of some music from a widely available album. Is it legal just to use it without getting into all of the licensing stuff?

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Short answer: No. Someone more into this might give you a longer answer, but you can't put copyrighted (see, copy, because they have the right to copy) music in your own software, movies, music etc without a special license (expensive).

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that isnt necessarily true.

Depending on specific usage, you might be able to claim it as "Fair Use". However, you should probably check the legal details of this first.

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If it's a personal use only kind of thing, sure. If you are going to broadcast it in any way you're supposed to get a synchronization license.

Really all depends on who's gonna see it? where are they gonna see it? why are they gonna see it?

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it was a personal project, not commercial, but i was going to stick it up on my web page for free download.

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Quote:
Original post by destron
it was a personal project, not commercial, but i was going to stick it up on my web page for free download.


You need the aurther's permison, unless its only a thirty second or less segment. Just call the company that recorded the song, get in contact with the band, and get some verbal permisson. If in doubt, ask if you can record the phone call and then ask the question.

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If it is going to be shown in a public venue you can and would risk getting in large amounts of hot water.

I don't fair use will help you much. Even though it is non-profit, you don't have the right to display/transmit the music, thus like AA said, you would need a sync license.

If you are showing it in an educational environment, you MIGHT, a very big might, be able to use it.

Let me ask you these questions:

How much of the piece are you using out of the full piece?
In what context is it being shown? 500 people see it? On the net?
Where is it being shown?
How will this affect that market value of the music or albums?

You could, (I AM NOT PROMOTING THIS), use the track. Even if you violate the law, unless you, or the venues that are displaying the work with the music, have a little bit of money, and the collection agency is aware of this, they you would be screwed. And since it seems like you MIGHT show this publically, I would not risk it at all.

Sean Beeson

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As an answer, for all these questions, i will provide the full details of my question. I want to use a 15 second sequence from ES Posthumus's 'Nineveh' as a theme for a character in my movie called 'Angel'; so you're saying i don't need permission to use it?

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Even if it is free. Not commercial, you still don't have the rights to distribute it, and good luck getting in touch with the people who own the rights and then getting their permission to use it for a CG film. :) You will struggle to get a hold of them.

In this situation, someone could just post the piece with the music. I am NOT offering legal advice. So don't ever quote me :)!!!!!

Worst case scenario you get caught.

You aren't making any money off of this, and unless this flick becomes VERY famous, thus profitable, they would simply threaten you, saying that they could take you to court. in that case, you just take the film down.

They don't want to talk you to court unless you the film is worth something, because that will cost them a lot of money and time. They would rather threaten you.

But then again, it depends who owns the rights to the music. If it is a large record label, i DOUBT they would go after you, they would threaten though. Now a band or a person who owns their own rights, I could see them taking someone to court.

By the way, I am stating all of this out of reading that I have done with Music Law and Practices, and what I have seen and heard. I wouldn't risk it at all, BUT that being said, it can, nad has be done a lot.

Sean Beeson

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