Legal Question in Intellectual Property in California
Dear Lawguru Team,
Lets say that someone wanted to create a small movie and then downloaded a copy-righted song from a video sharing website.After creating the movie, they stated somewhere in the credits or previews that they did not own the song and came from whatever company created it. Would this be legal or could someone do the same but instead keep the movie for themselves or family instead of uploading it?
Sincerely,
Christopher
3 Answers from Attorneys
Just go back into the edit room and use a different piece of music, something you have permission to use.
It would be a violation of copyright law to release or to show a movie containing music copyrighted by someone else, whether or not that is disclosed, without permission. I'm less certain about the illegality of making the movie with this music if it is never shown to anyone, because this may depend upon the purposes for which the video-sharing website releases the music, but realistically, if you make this movie, you're gonna end up showing to someone, right?
The other attorneys are right on point here. Any attorney will also say a review of all facts, documents, etc. is required, along with some research.. After that, a personal consultation is needed. This is not a simple bulletin board type question. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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