Legal Question in Intellectual Property in California
What do I need to do to use copyright music in single-distribution picture an mu
I am starting a business producing a product called a photomontage. Photomontages are basically short videos consisting of an individual's pictures with transitions, and background music. My question is, what is the best way to do this legally? If I use music that someone already owns, do fair use laws, or other similar laws, allow me to put this music into the videos? Also, if I were to buy the music off of a legal music purchasing site of the internet (such as iTunes), would that allow me to use the music in these photomontages? My other question is, if someone were to want multiple copies of the video, could I just buy multiple copies of each piece of music, or would there be some other way to do it?
2 Answers from Attorneys
Re: What do I need to do to use copyright music in single-distribution picture a
You would need to license use of the music from the music publisher.
Re: What do I need to do to use copyright music in single-distribution picture a
Fair use laws would not allow you to use these songs without some arrangement with the copyright holder. The test for fair use includes:
1. Purpose and character of use of the original work, e.g. for profit or not
2. Nature of copyrighted work, e.g. more creative works have more copyright protection
3. Amount and substantiality of the portion used of the copyrighted work, e.g. was a little altered
4. Effect upon potential market or value of the copyrighted work, e.g. does the new work harm the original in some way.
It is unlikely that you will be able to use these songs from any source, including iTunes, without a license or other royalities agreement.
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