MetaChat REGISTER   ||   LOGIN   ||   IMAGES ARE OFF   ||   RECENT COMMENTS




artphoto by splunge
artphoto by TheophileEscargot
artphoto by Kronos_to_Earth
artphoto by ethylene

Home

About

Search

Archives

Mecha Wiki

Metachat Eye

Emcee

IRC Channels

IRC FAQ


 RSS


Comment Feed:

RSS

29 November 2006

AskMecha: Copyright. Does my friend need to license the music she uses in some videos available online?[More:]
She works for a defense contractor and the videos show successful missile firing tests. Various music clips play in the background. She says the videos aren't promotional or for profit, but they are available on a public website. Does she need to license the songs she uses?
In theory, yes. But then, it seems nobody gives a rats ass these days.
posted by dabitch 29 November | 15:20
I'd be calling a lawyer as fast as I could if someone used one of my songs in a missile test video. But I'm not sure if I'd have a case. I'm guessing I would.
posted by chococat 29 November | 16:03
IAAL, but not your friend's lawyer and I haven't worked in copyright clearances in years, but your short answer is yes, she needs a license.

Brief explanation: Any time material protected by copyright is used by someone other than the copyright holder, the use must be licensed by the copyright holder. There are times that the license is compulsory; this circumstance is not one of them. There are times when a person who uses material protected by copyright without first obtaining a license may raise a defense to a charge of infringement (educational purposes, for instance). It is extremely unlikely that use in these videos, whether called promotional or not (and frankly, why would a missile company make available to the public videos of successful launches except for promotional purposes?), would be considered fair use.

(Of course, people do this all the time for slideshows and such at graduations, weddings and the like and they are unlikely to get sued. It's still not an exception, under the law, to the licensing requirement; it's just a practical matter of copyright enforcement.)
posted by crush-onastick 29 November | 16:24
Unless your friend's employer is very small--which is not what one usually associates with "defense contractor"--they surely have in-house legal staff. She should be asking them. That's what they're there for. (And they will almost certainly tell her yes, the music needs to be licensed.)
posted by DevilsAdvocate 29 November | 17:40
Unless your friend's employer is very small--which is not what one usually associates with "defense contractor"--they surely have in-house legal staff. She should be asking them. That's what they're there for. (And they will almost certainly tell her yes, the music needs to be licensed.)
posted by DevilsAdvocate 29 November | 17:41
Thanks everyone, that's pretty much what I figured but wasn't certain.
posted by mike9322 29 November | 17:43
Of course, people do this all the time for slideshows and such at graduations, weddings and the like and they are unlikely to get sued.

I remember about the time CD burners were becoming available several High Schools in the area created mix CDs to insert in yearbooks. Many were caught by and penalized by the RIAA (though at the time I remember we just called it "The Record Companies", how quaint).
posted by Rock Steady 29 November | 19:32
Ahh. but that's unlicensed distribution, not unlicensed use/airplay. That's a whole 'nother ball of copyright wax!
posted by crush-onastick 29 November | 20:48
Ugh. || MeCha Gift Suggestion Box!

HOME  ||   REGISTER  ||   LOGIN