Legal Question in Entertainment Law in California

Music in film clips?
We have a documentary about a Hollywood worker that worked on many famous films. We have spoken to an attorney and he assured us that the film clips used are ''fair use.'' My question is: is the music in the clip soundtrack considered ''fair use'' as well, since it's part of the whole? And if we're intercutting film clips but some of the music keeps going, is that still covered by the fair use defense? Thanks you for any help!

Asked on 1/23/08, 5:27 pm

Gordon Firemark Law Offices of Gordon P. Firemark

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Re: Music in film clips?

First off... don't take any such assurances that the clips are "Fair use".

The "Fair Use" doctrine in copyright law is a DEFENSE (which means it really only applies AFTER you get sued). And it's a very complex analysis.

You should assume that every clip used will require clearance... including the music.

Also, if actors are featured in the clips, you'll need to get permission from each one, and from their union, SAG.

Answered on 2/05/08, 3:42 pm

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