Legal Question in Intellectual Property in Texas

Copyright law gives the holder of the copyright several exclusive rights: "(1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission." 17 USC 106.

As you think about preparing your YouTube video, you might pay particular attention to (2), (4), (5) and (6). You might also pay particular attention to 17 USC 504, 505 and 506 which specify the money damages, the costs and attorney's fees and the criminal liability to which the infringer may be held liable. You can find the portion of the US law that concerns copyright, including those sections mentioned here, at http://www.gpo.gov/fdsys/pkg/USCODE-2009-title17/html/USCODE-2009-title17.htm .

Note that whether or not the alleged infringer makes any money from the infringement is not a factor in determining infringement of copyright.

Finally, the music industry makes its living through copyright; they enforce their rights rigorously.

They are, though, usually very willing to license their holdings BEFORE the fact for a fee (that's how they make their living through copyright). To discuss licensing the work, first contact the licensing agent, which is likely to be ASCAP ( www.ascap.com ), BMI ( www.bmi.com ), or the Harry Fox Agency ( www.harryfox.com ). If none of hold the licensing to the work you want to use, you'll have to find and contact the copyright owner.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.