Using music adds a lot of impact,
emotion, and professionalism to a video and you want to include it whenever
appropriate. But it’s important to make certain that you have the right to use
it. Copyright infringement is not something you want to be a part of and can
result in a very expensive lawsuit.
Here are a few guidelines in regard
to copyright for music. Please DO NOT take this for legal advice. We here at Chisel Multimedia are not lawyers,
and you should always consult with an attorney with your legal questions. This
article may help you understand the general idea of copyright and what options you
have available.
Fair Use
Copyright
law permits use of copyrighted material without permission under some
circumstances. These circumstances are described as “fair use.” Fair use is
governed by these four factors:
1.
The purpose and character of the use. Some uses
are classically considered fair, including criticism, parody, and music news
reporting. If your use of the music is noncommercial and educational, it’s more
likely (although not certain) that you meet the fair use requirements. If
you’re charging for the video or using it to promote a product, the standards
are much tighter.
2.
The nature of the copyrighted work itself.
Highly creative work is more tightly protected than things like scientific data
or historical quotes. Assume music falls
into the “highly creative” category and will be well protected.
3.
How much of the copyrighted work you’re using. All or most of a song works against against
fair use, compared to using only a portion or segment of it.
4.
What effect does using the music have on the
expected market value? If the music is
playing on streaming platforms is likely to cost the copyright owner
substantial sales, that reduces the chance that a court would consider it fair
use.
Ultimately, the jig on fair use is,
don’t take chances. Unless it’s obvious
and well established that what you’re doing with the music constitutes fair
use, don’t count on it. If you’re writing an article about the band itself,
that’s probably all right. Otherwise, be very careful.
Public Domain
Copyright doesn’t last forever.
When a song is old enough, it enters the public domain. You can use any public
domain song in any way without fear of legal repercussions and copyright
restrictions do not apply.
How old is old enough? That varies
from country to country and also by the
date of original creation. Current U.S. copyright law protects a song until 70
years after the death of the composer.
It’s also important to remember
that copyright protects the recordings, performances as well as composition.
The variation by individual song is so wide that it’s best to check that a song
or performance is in the public domain and not just assume it is because it’s
old.
Another circumstance in which a
song might be available for use in a video is under a Creative Commons license.
Creative Commons is a choice
by the creators of music and other forms of art to publish their work under
these rules. It’s a nonprofit organization for which musicians and other artists belong to. A
Creative Commons license varies in the details, but might allow people to
incorporate their song into videos or other compositions for free. The license
does require acknowledgement of the copyright holder, and some other
restrictions may apply.
It’s a good idea to explore the specifics of
the license and not just assume that a work published under Creative Commons is
free to do whatever you want with it.
There may be some provision to the license allowing it to be played but
not synced to any sort of video images. Free
Music Archive is one website among many that offer CC licensed music. Check
them out but again, be diligent in understanding the specifics of use.
Request Permission
If a song is neither in the public
domain or published under a Creative Commons license, the only way you can
legally use it in a video is with the permission from the copyright holder. You
can usually find the copyright owner with the information which will accompany
the recordings or on download sites.
In most cases with commercial
music, the copyright holder for a performance is the record company. For
independent artists music, it may be the artist, or record company established
by the artist for legal purposes. Whomever it may be, that’s the person or
company that has to give you permission.
Of course, they will probably want money for the privilege. We all gots to get paid, right!
If in the end you’re successful in your
negotiation, you’ll be issued a license for the use you have requested. This license will be specific and will
probably not give you license to use the song in any other way. Be sure you
understand these terms clearly. This is without doubt the most expensive way to
obtain music for a video. If you have to have a particular piece of music, this
may be your only option.
