Legal Question in Intellectual Property in California

Implications of using music in a film that is inextractible from the recording

Regarding music licensing in non-fiction films.

I am in the process of finishing a film that was shot in Bangladesh.

At a political rally, a baby taxi equipped with a loudspeaker can be

heard playing music possibly from a Hindi Movie in one of the

takes. The scene itself is very important to the film and I wouldn't

want to lose the shot, but what are the ramifications of not being

able to identify the song and therefore not obtain rights? It is not a

song that can be easily be removed from the film. It may prove

difficult to identity it and maybe impossible to obtain premission. Is

there some law protecting incidental recordings of intellectual

property?


Asked on 1/25/05, 7:48 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Implications of using music in a film that is inextractible from the recordi

Please contact me directly. I am an attorney...from that part of the world...and can help you in this matter.

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Answered on 2/09/05, 9:59 am
Keith E. Cooper Keith E. Cooper, Esq.

Re: Implications of using music in a film that is inextractible from the recordi

You may not use any music in your film that you do not have proper rights for. If you cannot identify and contact the creator of the music (the record company or the author of the song), you would be wise to eliminate it from the film's soundtrack. The United States is a signatory to international copyright treaties and conventions, so the fact that the music originated in a foreign country may not protect you from an infringement claim.

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Answered on 2/04/05, 10:11 pm


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