Re: use of music on website

I've dealt with these kinds of issues for government publications with
a strong public benefit and no profit involved, and in spite of the
careful copyright work, permissions, credits, etc., that we did in
preparation, I came away from these experiences with a great fondness
of home-grown photos and graphics. (I also fell in love with such
generous groups who gave blanket permissions. And you may be
surprised which publishers are really horrible to work with.)

Another factor for your project is that it can take several weeks to
acquire permission to use copyrighted materials.

You may well have to pay for use. With music, they may want to know
how many times it'll be played online. Or require other interesting
(painful) conditions of use.

On the other hand, there are some smaller musicians who retain their
own copyrights -- and they may be happy to give permission, in part to
publicize their work...might want to do some networking among local
groups...

That's why I strongly advocate that you either do homegrown music
compositions (with such short videos, it's unlikely to be costly), or
that you not rely on "fair use" protection and make sure to get
copyright permissions.

- Marilyn

On Aug 27, 2009, at 6:03 PM, Karen Eft wrote:

> Susan,
> "Educational purpose" is just one of the factors to use in judging
> whether
> your use of copyrighted works is "fair use" and thus allowable under
> federal
> law:
>
> 1. the purpose and character of your use
> 2. the nature of the copyrighted work
> 3. the amount and substantiality of the portion taken, and
> 4. the effect of the use upon the potential market.
>
> When in doubt, you're advised to ask the copyright holder for
> permission.
> Use of currently copyrighted works would seem especially dangerous for
> high-profile music clips such as TV show themes, advertisements,
> popular
> songs, etc. where use of the clip really adds effectiveness (i.e.
> value) to
> your material.
>
> Here are some authoritative sites to help you decide:
> http://www.lib.berkeley.edu/Collections/copyright.html
> http://www.universityofcalifornia.edu/copyright/fairuse.html#2
>
> --Karen

<snip>

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Received on Fri Aug 28 2009 - 13:45:42 PDT