Legal Question in Intellectual Property in Massachusetts
For a children's play, we'd like to use parts of copyrighted music when starting scenes, scene changes, and during the intermission. The play's entirely free, for friends and family only. Is there a need to seek permission, or pay for use? We were going to provide a list of the pieces used, along with links to purchase MP3s from Amazon or iTunes, hoping to encourage folks to buy their own copies and support the artists.
1 Answer from Attorneys
It is not clear from your question the scope and breadth, both quantitatively and qualitatively, of the portions to be used. If they are insignificant enough, the use may be de minimis and, thus, not infringing and permission is not needed.
You are talking about performing copyrighted works, but the use would probably not be an infringing public performance, it it is limited to friends and family.
The use may also constitute a fair use, if you are using insignificant portions for noncommercial purposes.
Providing a list of the pieces with links to Amazon and iTunes is a nice thing to do, but it is not a defense to a copyright infringement action.
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