Fair Use Policy
Posted July 1st, 2007 by sbryan
I completed a short a couple of weeks ago, and I think it would make a great entry in the Omaha Film Festival. However, I used a clip of music that I don't have the rights for.
What do I need to do to enter this short without taking out the song? Will Fair Use Policy cover it? If not, how do I go about finding out the current holder of the rights?
Great
Great suggestions...thanks.Have youed hardy
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It is so sad because now I
It is so sad because now I got caught into my new job at Trianz...because I usually have more time to study this kind of things. Anyway I think people don't care anymore about holder of rights and things like that. Since everything is available for free on the internet most of them won't bother to be honest anymore.
Fair Use= remix or parody
You should never assume you can use the author's work without their permission on a project. The 2 exceptions in "Fair Use" are if you are remixing their work into a completely new version of your own OR are parody-ing it. Even so, it's ALWAYS easier in the long run to 'make' your own soundtracks with Garageband, FruityLoops, Soundtrack Pro, Abelton Live or one of the many other audio programs available. Note, I am a DJ/VJ and while I am a staunch copyright scholar and a student of the drum, I reccommend against using copyrighted music for your personal projects. Just... not.. worth it. Some festivals will disqualify you for using copyrighted material to protect themselves from lawsuits.
To get the rights. Look for the publishing company (usually ASCAP or BMI if national). If it's a local band, get ahold of their management and ask nice. If it's a national act, you better have $25,000 and a good lawyer to get the rights.
FROM WIKIPEDIA:
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include?
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.