Fair Use in respect to music clips

[Roger]

In terms of using popular music or recognizable musical scores in an independent film, what are the rules? If there is less than say, 30 seconds, do all the rules regarding royalties apply?

 

My understanding (admittedly limited) is that any usage in a commercial work would need to be compensated. If it is out of copyright or in the public domain, you're good (most classical music is) but then you have to worry about the orchestra/group performing it.

 

What is the best way of going about this? All artists should be compensated, but I can't afford to buy the rights to a ten second snippet from "The Good, the Bad and the Ugly". I've noticed in some cases where people can't afford the rights to a specific song, they will get someone to compose something very similar.

 

In my case, I think I may be best off coming up with my own music, or getting an independent musician to come up with something for me. Or finding royalty free classical music and choosing things off there that most closely fit the mood.

[Gerry]

getting an independent musician to come up with something for me. Or finding royalty free classical music and choosing things off there that most closely fit the mood.

Those are probably your best bets. I started doing some research on this last summer, and they don't make it easy. It's compounded by the fact that there are a lot of gray areas. My wife uses some of the "free" music clips included with iMovie for slide shows she posts to YouTube. After posting one last year, she got a notice that her video would be blocked in Germany because the clip in question was not public domain there.

 

If it's any further help, if you are putting the music behind an animation or similar sequence, what you need to ask for are "synchronization rights". That's as far as I got in my research.

[robcat2075]

Real, legal, "fair use" is extremely limited.

 

Most of what is circulated about a certain percentage or a certain number of seconds being allowed is just urban rumor with no basis in law on the books.

 

The easiest rule is... if you don't have permission, you can't use it.

 

I'll also add that there is almost no such thing a commercial audio recording in the public domain. Even old Edison cylinders that are over 100 years old are still under copyright under old state laws that are not superseded by US copyright laws. Literary and visual works have expiring copyrights. Old audio records may be forever.

 

So what to do? Creating your own or getting someone to create new music for you is good. Getting someone to create a new performance of old music that has fallen into the PD is good.

 

There are also some people recording music and intentionally releasing it into PD or something not quite so PD called "Creative Commons" where they specify how you are allowed to use it.

 

Often on Wikipedia articles on music there are audio clips by groups that have released their performance for some uses. Some are poor some are pretty good. This recording of a Bach Brandenburg is pretty good.

 

Archive.org also has many performances uploaded some of which may be useful.

 

It is difficult to make existing music fit a new purpose, but even harder making new music so... take your pick.

[Gerry]

You could also do a Google search on "free music clips". There's a lot of that stuff around, and you can often listen to a sample before you download.

[itsjustme]

For new music, you could try Magnatune...each song/album has clearly labeled licensing information and is very inexpensive compared to most.

 

Hope that helps.

[TheSpleen]

I believe 10 seconds is fair use.

[Vertexspline]

very informative little thread....and yes I think the safest routes are making some your own and or buying music that has specific licensing attached to it so you know you are on good legal footing and then you do not have to worry about any troubles down the road.