Legal Question in Intellectual Property in California
I am a DJ and own a small mobile DJ business in northern California. My question would be is it legal for me to post 30 second music samples of songs that we regularly play when we are out DJing at events (such as high school dances, weddings, sweet 16's etc.) on our website? I have read a handful of articles online saying that it is legal as long as the samples do not exceed 30 seconds and is of low bit rate quality and others saying that it is not all together.
2 Answers from Attorneys
Since you are probably using the portions for commercial purposes, the issue is whether or not your unauthorized use is a fair use, which is a complicated, subjective determination. There is no 30 second bright line rule, so you would need an attorney to analyze whether, quantitatively and qualitiatively, your contemplated use would be permitted without the copyright owner's assent.
I would be pleased to assist you, if you contact my office during regular business hours, (202) 973-0188. www.thecontentlawyer.com
The "fair use" doctrine is a defense that you can raise if sued, and the availability of such a defense would tend to deter a suit in the first place, but one cannot say for sure that (a) you won't be sued and have to endure the cost and hassle of defending, or (b) that the judge or jury would find the use "fair" and thus the defense good in your case.
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