Legal advice... covering a song on guitar

nouou

Well-known member
Would I have to secure permission if I have an actor playing a short riff (5-10 seconds) on a guitar of a popular song? IE could my character be playing 'One' by Metallica for 5-10 seconds or so without having any legal issues?
 
Asking for legal advice on a public forum is asking for trouble, as you are really not likely to get a response from an actual attorney.

You should research "fair use" laws - if you can determine with certainty that your use would fall under "fair use," you would still be wise to contact an entertainment lawyer to clarify.
 
In short, no, it would be an extremely bad idea to do that and I can't see it qualifying as fair use unless you are shooting some sort of educational non-profit documentary that would require absolutely that type of coverage. Royalty-free music is cheap...

But again, I am not a lawyer.
 
as long as you change your riffs so they are not cloning the copyrighted material, your ok.
It's fine if we recognize it... not ok if you play their very song.
 
I have a pain in my lower belly. What do you guys think? Is it more likely an ulcer, or stomach cancer?

Seriously.......talk to a qualified attorney. Don't risk your assets and your reputation in the business.
 
Wouldn't alot of youtubers get sued then? Even if there are too many to sue, what about the ones that got famous by covering songs. (i.e Marie Digby)
 
Wouldn't alot of youtubers get sued then? Even if there are too many to sue, what about the ones that got famous by covering songs. (i.e Marie Digby)

It's happened ... remember Prince suing the woman who posted her baby dancing to one of his songs. Another point to consider is that the use envisioned by the OP is not recording a cover song, it's synching the music to images. A cover is a recording of the music that is distributed specifically as a music recording. Using it in a film is a whole different ballgame.
 
I have a pain in my lower belly. What do you guys think? Is it more likely an ulcer, or stomach cancer?

Seriously.......talk to a qualified attorney. Don't risk your assets and your reputation in the business.

Nah, you swallowed an apple whole again didn't you?! I told you last time, CHEW first, THEN swallow. Sheesh! ;)
 
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