If I use one minute of a 4 minute song for my startup demo video, is it legally considered fair use?
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What are the copyright protections for this kind of use? Is this considered copyright infringement?
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Answer:
This is a basic case of copyright infringement because the Copyright Act gives the copyright owner the exclusive right to reproduce and display their copyrighted works. Reproducing and displaying in the manner described would violate those rights. In a broad sense, if this were to go to court a judge would see that the startup used somebody else's copyrighted work for economic gain. The fact that just a part of the work was used does not deprive that work of copyright protection. More directly on the fair use point, it is important to understand that fair use is generally intended for situations where the person using the copyrighted work is doing so for reportorial or critical reasons. That does not mean that those uses are always covered, but that is the crux of the doctrine. Either avoid using the music or approach the owner about the possibility of licensing.This answer is not a substitute for professional legal advice....
Jonathan Tobin at Quora Visit the source
Other answers
No, that would be copyright infringement. Fair Use have additional requirements beyond using only part of a copyrighted work. Try finding music with a Creative Commons license or other open music. (https://creativecommons.org/press-releases/entry/4096) Or use music that has an expired copyright (this is mostly what we can "classical"). Typically people just infringe and never get caught, which is why you have probably seen people do this before. But that does not mean that they are using the music legally. I am not a lawyer.
Todd Gardiner
If you use any piece or part of a copyrighted work without permission it is generally a . One exception is '' which provides for limited use under certain circumstances. The circumstances you describe do not rise to the level of 'fair use' as they are not for educational purposes, etc. You are well-advised to seek counsel. NOTE: This information is given for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer. You have to find your own local lawyer to get legal advice and help with your problem.This answer is not a substitute for professional legal advice....
Nan Waldman
The (http://eff.org) works in the area of advocacy for legal liberalization of of electronic assets. They have a guide for artists, and you can find them commenting all over the web on what fair use might be. is a fuzzy line. It's an open question in the fine points of -- a full minute is probably well over that line. At one point, I remember them talking about the "nine second rule," but I'm not sure how that is holding up. I am not a lawyer.
Shava Nerad
if you plan to make your work available in other countries then you may also be liable there, even if you had a defence to copyright infringement under US laws. Other countries don't have the same fair use laws. For example, in the UK we have similar sounding principles (fair dealing), but the defences are actually more specific and probably narrower.This answer is not a substitute for professional legal advice....
Mark Owen
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