Legal Question in Intellectual Property in California

I would consider it a fair use. A court would apply a four factor balance test to determine whether such use is favorable. There are several factors going your ways. Your use is not aimed for commercial profit but to apply for a school. You would show your film only to a limited number of audience not to the general public. I would strongly recommend you to use only portions of the song not its entirety to further protect yourself. At the end of the film please credit the artist and make sure you identify that the song was copyrighted.

Fair use is an exception to copyright law which is a defense, not a privilege. You will essentially be infringing on the copyright, but you may try to claim fair use as a defense. The difference is whether or not the school, most likely a school of art, would appreciate your approach to the infringing use of copyright of another artist, without first seeking a licensed use from that artist, seeking to cloak yourself in a defense after the fact, instead of permissive use beforehand.

Regarding the fair use doctrine, while teaching and scholarship are two examples of fair use, remember that you are doing neither in this case. Instead, you are seeking acceptance into an art school which may very well lead to commercial gain for you, and is not clearly a direct act of scholarship. While 2/4 of the four factors may be under your control or clarity (amount and substantiality, and the effects on the market), the other 2 are risks (the nature of the copyrighted work, and the purpose and character of use). The actual text of your weakest point would be: "(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;" You are potentially profiting, even if not in direct compensation, but in gaining acceptance to an institution whose students must compete for a position.

As a Franchise Attorney I think you should consider both other attorney answers. It's critical to remember fair use is not a privilege, but a defense if (when) you get sued. Another factor to consider is how likely is it the artist, etc. will ever discover something you submitted as part of your college applications? Seems remote, but you just never know. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

I agree with Mr. Sanchez. If time permits, you should apply to the copyright owner for permission, and based upon your proposed use, I see no reason why permission would be refused. Be sure the reviewing faculty can see that use was "with permission." That will impress them with your professionalism and ethics.