music use legality
Well, keep it in as a placeholder so when you go to replace it with something you CAN broadcast you'll remember what you're looking for.
I mean...if you just ask for "orginal music in the vein of..." some composer here will probably help you out. Those that can afford to work for free that is...
(not me though,:)
I mean...if you just ask for "orginal music in the vein of..." some composer here will probably help you out. Those that can afford to work for free that is...
(not me though,:)
Quote:Original post by destron
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?
I recall reading that it is perfectly legit to use up to thirty seconds of a song or five minutes of a movie without the aurther's permisson. I can't remember where I learned this though. However, DON'T TAKE MY WORD FOR IT, and look it up! If such a law still exists you should be able to find it easily.
This rule is used in techno music all the time, when people grab a quick twenty second portion of another song or some movie and throw in other stuff. Or in all these 'remixes' of video game music. They use less then thrity seconds or change it enough so as to not need the aurther's permisson.
Again, don't take my word for it and look it up!
Put it like this...
You don't have the right to sample/publish/distribute anyone's intellectual property (music, art/graphics, written word, code, etc.) without their *explicit* permission (a license or some other agreement).
There's a couple of aspects of the music industry you should know about before proceeding.
First is the value of an intellectual work. The artist/label which owns the music track could argue that you using their track in your film has lowered the value of said track - and as a result could seek MONETARY DAMAGES against you PLUS a cease and decist order for you to stop distributing your film with their track used in it.
Second is royalties. If this were a commercial, for-profit project, then there would be a chance that you would make some money off of your film. Everybody loves money right? Well the artist/label which owns the music track definitely loves money (well most do anyway) - and you using their track in your film can be looked at as an opportunity for the "victim" (albeit they aren't really a victim in this scenario) to cash in.
So in short, you have to make a judgement call.
Is this project so small and insignificant that the owner of the track probably will never even hear of your project, let alone watch the film to discover that their track has been violated?
In the case that your film were to "blow up" and become a worldwide hit, do you have the resources to compensate the artist for any royalties they demand and deserve?
Personally, the only case where I would violate someone else's copyright is if I knew for a fact that the chance of me making a nice chunk of money (or some sort of major contract deal) off my 'derivative work'.
P.S.
There is no such law (and never was any as far as I remember) regarding the length of a sample of someone's copyrighted work. It is 100% illegal to sample even a single drum-hit off of a record for use in your own work. New legislation (2004?) states that it's now illegal to digitally sample ANYTHING without an explicit license to do so.
You don't have the right to sample/publish/distribute anyone's intellectual property (music, art/graphics, written word, code, etc.) without their *explicit* permission (a license or some other agreement).
There's a couple of aspects of the music industry you should know about before proceeding.
First is the value of an intellectual work. The artist/label which owns the music track could argue that you using their track in your film has lowered the value of said track - and as a result could seek MONETARY DAMAGES against you PLUS a cease and decist order for you to stop distributing your film with their track used in it.
Second is royalties. If this were a commercial, for-profit project, then there would be a chance that you would make some money off of your film. Everybody loves money right? Well the artist/label which owns the music track definitely loves money (well most do anyway) - and you using their track in your film can be looked at as an opportunity for the "victim" (albeit they aren't really a victim in this scenario) to cash in.
So in short, you have to make a judgement call.
Is this project so small and insignificant that the owner of the track probably will never even hear of your project, let alone watch the film to discover that their track has been violated?
In the case that your film were to "blow up" and become a worldwide hit, do you have the resources to compensate the artist for any royalties they demand and deserve?
Personally, the only case where I would violate someone else's copyright is if I knew for a fact that the chance of me making a nice chunk of money (or some sort of major contract deal) off my 'derivative work'.
P.S.
There is no such law (and never was any as far as I remember) regarding the length of a sample of someone's copyrighted work. It is 100% illegal to sample even a single drum-hit off of a record for use in your own work. New legislation (2004?) states that it's now illegal to digitally sample ANYTHING without an explicit license to do so.
That thirty seconds of a song thing sounds right. Why do you think that most online music stores have a 30-second free part of the song? Almost every single online music store has these, now-a-days.
But as SotL said, check that first.
But as SotL said, check that first.
I'm sorry but that is completely wrong.
Music stores have to obtain a license to distribute those 30-second demos.
This (the film using the music track) is called a derivative work - where one copyrightable work uses another copyrightable work within it - this, and the music store example, are two completely different things.
Don't go off getting sued now - there are A LOT of misconceptions about copyright law.
http://en.wikipedia.org/wiki/Fair_use
P.S.
When approaching this type of topic, it's important to understand what 'intellectual property' is. Both the film and the music track are classified as 'performing art works'. Copyright is established upon creation of the work in a 'fixed' format (ie, CD or DVD or other media). So for you to inherently establish copyright on your own work (by creating it) which uses somebody else's copyrighted work within it, could cause you some trouble down the line.
P.P.S.
Instead of looking at it as a 'film' and a 'music track', imagine for a second that both works were literary, books. In your book, you write your own original storyline, but at the bottom of each page you put an excerpt from someone else's book. This is synonymous with using a music track in a film.
[Edited by - swordfish on April 7, 2006 3:18:24 PM]
Music stores have to obtain a license to distribute those 30-second demos.
This (the film using the music track) is called a derivative work - where one copyrightable work uses another copyrightable work within it - this, and the music store example, are two completely different things.
Don't go off getting sued now - there are A LOT of misconceptions about copyright law.
http://en.wikipedia.org/wiki/Fair_use
P.S.
When approaching this type of topic, it's important to understand what 'intellectual property' is. Both the film and the music track are classified as 'performing art works'. Copyright is established upon creation of the work in a 'fixed' format (ie, CD or DVD or other media). So for you to inherently establish copyright on your own work (by creating it) which uses somebody else's copyrighted work within it, could cause you some trouble down the line.
P.P.S.
Instead of looking at it as a 'film' and a 'music track', imagine for a second that both works were literary, books. In your book, you write your own original storyline, but at the bottom of each page you put an excerpt from someone else's book. This is synonymous with using a music track in a film.
[Edited by - swordfish on April 7, 2006 3:18:24 PM]
Author
see, that's my concern --- getting threatened and/or sued. i should probably contact them before i use it for anything.
If you do not mind me asking. What piece is it? You might be calling Harry Fox :)!!
Sean Beeson
Sean Beeson
Quote:Original post by swordfish
I'm sorry but that is completely wrong.
I'm sorry but by what are you going off of? I will try and search for my law, but even without the music store segments people make remixs of songs all the time, and techno music uses unchanged segments of music or movie soundtracks in the background alot. Granted, they can't sell their songs(as far as I know), but even known bands use clips of movies to make a music video often enough without being sued and, sometimes, without permisson.
Quote:Original post by destron
see, that's my concern --- getting threatened and/or sued. i should probably contact them before i use it for anything.
Absolutely, permisson is always better than no-permisson even if it is legal.
Author
Quote:Original post by Sean R Beeson
If you do not mind me asking. What piece is it? You might be calling Harry Fox :)!!
Sean Beeson
read my previous post about 'the details'.
This topic is closed to new replies.
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