#989570 - 05/12/04 02:17 AM
How many bars?
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psychicflyingmonkey
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Registered: 05/11/04
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Loc: tempe, az
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At some point I heard you could use so many bars of a copywrited song in a commercial release without having to get it licensed, but I forgot how many. Can anyone please tell me how many?
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#989571 - 05/12/04 11:55 AM
Re: How many bars?
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daddyelmis
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Registered: 04/09/02
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This is an urban myth surrounding the concept of Fair Use. There is no specific number of bars, notes, seconds or minutes,etc., that can be copied from a copyrighted work without liability if the use is not a Fair Use as defined in the statute (and this is largely a facts and circumstances test the court will apply).
The key factors, generally, are whether the use is commercial in nature, and how much of the copyrighted work is used (this is where the myth originated, it has to do more with whether a critical or substantial portion of the material was used rather than the specific quantitative measure).
For example, if Beethoven's 5th were still copyrighted, simply using the recognizable Da-Da-Da-Dum segment would probably be enough to create a problem since it is the central motif of that piece and instantly recognizable. A more recent examply is the bass line from Under Pressure that Vanilla Ice lifted for "Ice Ice Baby" -- a very short segment but instantly recognizable and led to a lawsuit.
Check the Library of Congress web site for more info on what constitutes Fair Use.
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http://www.ruleradio.com "Fame is like death: We will never know what it looks like until we've reached the other side. Then it will be impossible to describe and no one will believe you if you try." - Sloane Crosley, Village Voice
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#989572 - 05/13/04 12:02 AM
Re: How many bars?
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psychicflyingmonkey
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Thanks man,
That helps me a lot. I appreciate it.
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#989573 - 05/14/04 04:06 PM
Re: How many bars?
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bdbklyn
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Registered: 04/04/01
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Loc: Los Angeles,CA,UNITED STATES
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Th replies are not entirely correct. You cannot copy anything from a commercially copyrighted recording.
You can "quote" a melody line for less than 2 bars but you cannot use the actual recording of it without permission. If memory serves it is 7 beats...it could be longer...The exeptions are parodies. You can use the melody with different lyrics for the puposes of humor or parody.
bill
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#989574 - 05/15/04 10:48 AM
Re: How many bars?
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daddyelmis
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Have to respectfully disagree with Bill. There's no magic number in copyright law that's a "safe harbor." There are cases that discuss "de minimis" use, and you can find cases that discuss someone's use of x seconds, bars, etc., of a work as de minimis and little or no liability attaches. This does not make "x" a safe harbor, however. Different industries have developed "rules of thumb" about what constitutes "de minimis" use sufficient to avoid liability, but a copyright infringment, and Fair Use, is a facts and circumstances analysis, and I would caution against the knowing use of any amount of a copyrighted recording for a commercial purpose.
The issue is referred to as the "de minimis" doctrine in copyright law. A good summary follows from a recent federal district court opinion out of Iowa:
"The de minimis doctrine is rarely discussed in copyright opinions because suits are rarely brought over trivial instances of copying. Nonetheless, it is an important aspect of the law of copyright. Trivial copying is a significant part of modern life. Most honest citizens in the modern world frequently engage, without hesitation, in trivial copying that, but for the de minimis doctrine, would technically constitute a violation of law. We do not hesitate to make a photocopy of a letter from a friend to show to another friend, or of a favorite cartoon to post on the refrigerator. Parents in Central Park photograph their children perched on José de Creeft's Alice in Wonderland sculpture. We record television programs aired while we are out, so as to watch them at a more convenient hour. Waiters at a restaurant sing "Happy Birthday" at a patron's table. When we do such things, it is not that we are breaking the law but unlikely to be sued given the high cost of litigation. Because of the de minimis doctrine, in trivial instances of copying, we are in fact not breaking the law. If a copyright owner were to sue the makers of trivial copies, judgment would be for the defendants. The case would be dismissed because trivial copying is not an infringement."
_________________________
http://www.ruleradio.com "Fame is like death: We will never know what it looks like until we've reached the other side. Then it will be impossible to describe and no one will believe you if you try." - Sloane Crosley, Village Voice
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