Legal Question in Intellectual Property in New York

Re: Use of 30 seconds or less of Copyrighted Music for Internet Videos

Probably not. But it would require more information to make a proper determination.

Re: Use of 30 seconds or less of Copyrighted Music for Internet Videos

"Fair use" is one of those concepts in the law that is extraordinarily hazy; whether a particular use falls within its purview is very fact-based and requires an analysis of components that you don't mention in your question. Therefore, the answer to your question is a remarkably unsatisfactory "It depends."

The music industry is vigilant in protecting its copyrights. Use unlicensed music at your own risk of litigation. A license would likely not cost much, and would certainly cost WAY less than litigation over a fair use question.

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Re: Use of 30 seconds or less of Copyrighted Music for Internet Videos

There are several factors that need to be considered when determining whether a use qualifies as a �fair use.� These include: the amount of the work taken in relationship to the whole; whether the portion taken is substantial or the �heart� of the work; whether the new work replaces or effects the market for the old work; and whether the use is in connection with a non-profit or educational purpose. The analysis requires a review by an attorney who is experienced in making these determinations. My guess is that 30 seconds out of a standard song of 3 to 5 minutes will fail this test, but I would not be able to give you a definitive answer without hearing the new and old works.

You also need to be aware of the fact that you are looking to use 2 different copyrights - one in the composition and one in the master recording. You will probably need licenses for both.