Fair use is a defense to copyright infringement. Courts will consider four factors to determine whether a person's use of copyrighted work—in your case, a song—qualifies as fair use:. In this situation, most of these factors probably weigh in your favor. Consider your conduct in relation to those four factors: you are not selling the animation with the song to make a profit, nor are you likely going to affect the market for the copyrighted song.
Customers looking for that song would not simply go to your website and watch your animation which would be inconvenient ; they would still buy the original CD or download the original music.
The most decisive factor, however, might be how much of the song you actually use. Will you allow the entire song to play in the background of your animation? Or merely a ten-second refrain? Unfortunately, there are no fixed standards as to how much of a song you can use without infringing the song owner's copyright. Of course, the shorter you can make the clip, the stronger your argument for fair use protection. Using the song without permission is risky, but it is relatively unlikely that the owners would immediately sue you.
More likely, their lawyers would send you a letter or email requesting that you stop using the material. This is often referred to a cease-and-desist letter. If you obey and take the music down, the issue is usually over. Of course, there is also the possibility that the song owners will never learn of your infringement. Most infringements are discovered when website traffic increases, the infringement begins earning money, or the infringement is diverting music sales.
As you can see, your intended use becomes somewhat riskier if you will sell your animation containing the sampled music. If you will profit from the sale of another person's copyrighted work, there is a far greater likelihood that the copyright holder may decide to sue —particularly if you engage in large-scale sales over the Internet. In this situation, consider getting samples clearances from the original copyright holders to prevent disputes down the road.
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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. While some experts say that using up to 30 seconds of a copyrighted song is safe, I always recommend that my clients use no more than three. Even a few seconds of a song can constitute illegal infringement, subjecting you to liability for damages.
Your use of copyrighted material, however limited, violates the law unless it falls under the fair use exception or you obtain permission from the copyright holder. That is, you understand that you can use a short section of a song without paying a fee. Can I use 30 seconds of copyrighted music on Instagram?
Read More ». Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Was this helpful? If copyright strikes become a common problem for your Instagram account, you will unfortunately face more extensive penalties than a simple video … Can I use 30 seconds of copyrighted music on Instagram? A song parody that relies on putting unique words to a familiar melody might also count as fair use. Sampling a snippet of someone else's song in your own work, however, would probably not be considered commentary, criticism, or parody.
Unfortunately, there are no specific rules about what constitutes fair use. And because the doctrine provides a defense to a claim of copyright infringement, you would bear the burden in a lawsuit to prove that your use was fair.
Courts decide fair use cases on a case by case basis, after considering four factors:. Also, keep in mind that you can only invoke the fair use defense if you obtained the copyrighted work legally. If you illegally downloaded a song, that by itself is infringement even before you sample it. And even if you establish fair use and the court rules in your favor, lawsuits are expensive. Worse, if you lose, the damages are potentially substantial, especially if the copyright is registered.
If you want to sample an existing work, you need to obtain permission from the copyright holder. If you plan to use a particular recording of a song, you are probably dealing with two separate copyright holders: the label that recorded and released the song and the publisher or songwriter who wrote it.
You can search the Copyright Public Records Catalog from onwards online to find out whom to contact. The copyright holders may choose to give you a license to use their work but they are not obligated to. If they do so, they will likely charge you a fee. It may be a flat fee for a one-time, limited use or it may be an amount based on the number of copies of your work that you plan to produce and sell.
Your own creative work is entitled to protection. Preserve your rights by registering your copyright with the U.
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