Legal Question in Entertainment Law in Maryland

Use of copywritten song for Non-Prophit

I'm using a copywritten song in a video piece. The piece is not

intended to be sold, it does not sell anything, and is being made

for a non-prophit organization. It is strictly being distributed as an

informational video and not being broadcast. Is it still a

requirement for royalties to be paid?


Asked on 10/12/04, 6:24 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Use of copywritten song for Non-Prophit

Beyond payment of royalties, you may need specific permission of the copyright owner, depending on how the song is used in your video.

You should definitely hire an attorney to assist you in following the proper procedures to obtain any necessary permission(s).

In the meantime, for general information about royalty rates, you might try to contact ASCAP or BMI, two major licensing organizations.

To the extent you are asking whether you are allowed to violate copyright laws simply because your use is for a non-profit organization, the answer (unless you are otherwise specifically advised by your attorney) is "No."

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/13/04, 9:17 am


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