dougspice
Veteran
Actually, the first instance might very well be considered "fair use" for which you might not need clearance. You'd want to consult an attorney on a case-by-case basis.
Actress singing a popular song?
- Thread starter mjjason
- Start date
Actually, the first instance might very well be considered "fair use" for which you might not need clearance. You'd want to consult an attorney on a case-by-case basis.
David W. Richardson
Chapelgrove Films
I don't think everything used in a documentary is considered 'fair use' just because it's in a documentary. 'Fair use' covers something use for the purposes of criticism, review, parody (I think) or education. But I believe it has to be specific. In other words, if the documentary is about the tune in some critical way, then it might fall under fair use. But if you're doing a documentary about a person and, in the course of doing a walkalong interview, you pass a radio that is playing a song in the background, I don't think 'fair use' would cover that.
But I could be wrong. Your advice is best -- consult an attorney.
dougspice
Veteran
"Incidental music" is (generally) covered under fair use. This covers news reporting or documentary situations where you had no control over music or signage that happened to be incidentally playing.
But the law is constantly evolving on this, so it really is a consult-an-attorney, case-by-case, decide-when-to-take-the-risk sort of thing.
But the law is constantly evolving on this, so it really is a consult-an-attorney, case-by-case, decide-when-to-take-the-risk sort of thing.
Derrick_SA
Veteran
This copyright thing is really really becoming ridiculous.
Yes, protect the rights of the owner of the music, but don't pull the dam out under a duck!!!
I mean, if a song or the little bit of song is insignificant to the piece, ie, walk past a radio playing a song in a documentary, common, that's not abusing the rights of the owner of the music, it's a freakin radio playing!
anyway,
-Derrick
Yes, protect the rights of the owner of the music, but don't pull the dam out under a duck!!!
I mean, if a song or the little bit of song is insignificant to the piece, ie, walk past a radio playing a song in a documentary, common, that's not abusing the rights of the owner of the music, it's a freakin radio playing!
anyway,
-Derrick
Steve House
Veteran
If you're talking about what the law ought to be you have a point. But if you're trying to work in the field you have to deal with the law as it is, regardless of whther it's reasonable or makes sense. To do otherwise is to put your career in peril.
There's documentaries and then there's documentaries. If you're doing a doco about medevac operations in Baghdad, that's clearly news and hearing a song being sung by one of the medics during shots of an off-duty moment would probably be "fair use." But what about "March of the Penguins" which is also definitely a documentary. Is that "news?" Should "fair use" be applied to music in its sound track in the same way as it is to music in the story about Baghdad?
Derrick_SA
Veteran
i agree steve, you're saying what I wanted to say, but didn't have the right words.
if the music plays a role in the piece, you should pay for it, if you planned it in, you should pay, but how is a copyright holder losing money if a cellphone rings in a show with a known tune?
- Derrick
if the music plays a role in the piece, you should pay for it, if you planned it in, you should pay, but how is a copyright holder losing money if a cellphone rings in a show with a known tune?
- Derrick
dougspice
Veteran
If the penguins had been having a pool party and were bumpin' some Kanye and the filmmakers had to shoot the interviews with the penguins right then and there, then YES.
A very key distinction to note is that between music acquired during PRODUCTION and during POST. If you've added it in post then obviously fair use does not apply. Of course, even then there are some exceptions.
David W. Richardson
Chapelgrove Films
Amen!