Legal Question in Business Law in Maine
dvd creation with copyrighted music
how can a business create a DVD slide show using a customers pictures and copyrighted music. If the business has purchased the CD's, can it use the music? What disclaimers would be necessary?
1 Answer from Attorneys
Re: dvd creation with copyrighted music
Federal copyright law protects original works of authorship. It gives copyright owners the exclusive right to reproduce, distribute, publically perform or display, or adapt copyrighted works. In the event any of those rights are infringed, the federal copyright law permits the owner to sue the infringer, e.g., for actual damages or for statutory damages that vary depending on whether the infringement is innocent or willful, as well as for costs and attorneys fees. The law makes certain exceptions for so-called "fair use" of copyrighted works, depending on certain factors such as public benefit. It is never safe to assume fair use. The easiest way to do what you seek is to obtain the copyright owner's written consent, likely in the form of a non-exclusive license agreement. Purchasing the CD was for personal not business or "for profit" use.
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