![]() It will be your (and your lawyer) responsibility to prove to the judge that “fair use” doctrine can be applied in your case. The provision only identifies certain use cases that MAY qualify as “fair use”, while tasking the courts to make final decisions on case by case basis. “Fair use” myths and common misconceptions Myth 1: I can use any music if I use it for non-profit or educational purposes Remember, only the court of law can definitively decide whether your use case falls under “fair use” provision. You have to be extra careful before using any copyrighted content. There are plenty of other factors at play.īy default, you must assume that any copyrighted music is protected by law and you may NOT use it. How your work affects the copyright owner.Īs you can see, you can’t simply claim that you can use any music, as long as you use it for, say, news reporting. How much of copyrighted music is being used (are you using a very short snippet vs entire song).Ĥ. The nature of copyright content (it’s much easier to qualify for a technical article than for a song or a movie).ģ. Whether there is a commercial component to your work.Ģ. When deciding in each individual case, the courts will also consider the following:ġ. The copyright owner still can go after you for infringement and it will be your responsibility to prove in court that your use case qualifies as fair use. This section of the copyright act only provides the legal framework to help the courts determine whether any of the above cases can be applied in your specific situation.įair use does not automatically remove copyright protection from music. Educational (teaching, scholarship, and research) Specifically: Common examples of fair use for musicĤ. Section 107 of the Copyright Act identifies certain types of example uses and activities that may (!) qualify as fair use. What may qualify as “fair use for music” under copyright law? Copyright Office, fair use is legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. What is “fair use” provision?Īs explained by the U.S. If you wish to use copyrighted music without permission assuming it qualifies as “fair use”, do it at your own risk. This post reflects my industry experience and research and cannot be considered legal advice. Legal disclaimer: I’m not a licensed attorney.
0 Comments
Leave a Reply. |