Legal Question in Entertainment Law in California

Video with distorted copyrighted music in background

I shot a promotional video for a club.

There is a copyrighted song being

played during the interview at the

time and you can hear it if you listen

closely. Can I still upload the final

video to their website since I did not

intentionally edit the song into the

video? Thanks!


Asked on 9/08/08, 3:29 am

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: Video with distorted copyrighted music in background

Thanks for your question. Without the benefit of viewing the piece or more detailed info, it sounds like your best bet would be a fair use argument.

My approach in your defense would be to argue that this is incidental use. Of course, obtaining permission is always ideal, but in your example, incidental use may be applicable

If you would like to discuss further, please do not hesitant to contact me.

Warmly,

Bryan

Bryan Becker

619.400.4929

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Answered on 9/08/08, 5:41 pm


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