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Thread: Using Copyright Material

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    Question Using Copyright Material

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    Hey all,

    I don't know if it is the right place to post this but i was wondering if it is fair to use the Dialogue of some movies in our original music??
    I'm not sure if i know the international Laws but what would be if we use the copyright contents (dialogues from Movies) into our originals ?

    Thanks a lot

    Cheers

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    Don't forget Fair Use, is a very US notion - us in the UK don't have this at all, and even fair use has a number of restrictions - and I doubt using it in your music would tick the boxes. As I understand it, Fair Use, revolves around making comment on, criticism, or parody use - which doesn't seem to fit. You would be using it as a designed in component - like any sample. They need to be cleared.

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    ^^^ That's about it.

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    Quote Originally Posted by Chuku View Post
    Hey all,

    I don't know if it is the right place to post this but i was wondering if it is fair to use the Dialogue of some movies in our original music??
    I'm not sure if i know the international Laws but what would be if we use the copyright contents (dialogues from Movies) into our originals ?

    Thanks a lot

    Cheers

    First hand experience.... I oversee the estate and royalties of Alan "Rocky" Lane who among other things was the voice of Mr. Ed.....many years ago the Beasty Boys released a song "Time to get ill" The song contains clips from the Mister Ed theme song and at 1:45 in the song they use a sample of Mr. Ed's voice. Lets put it this way....I have been able to get unauthorized use royalties easily when they used his voice in movies and commercials...not so easy when they sampled his voice in this tune. It's been several years since I have tried but all previous efforts to find an attorney that would take the case on a contingency basis have been futile. Though I am sure I can hire an attorney to go after them, that I couldn't find a single one to do it on a contingency basis tells me it isn't worth going after. We're talking a album that has sold over 10 million copies and I can't get a lawyer to go after them for illegally using a sample of his voice without compensation or authorization...

    That said...and this is not legal advice just an observation based on personal experience...If I were to want to use a sample of a audio clip from a movie in one of my tunes I'd do it without too much worry....Even if it happened to "Go Viral" and sell millions of copies ( which is similar to the odds of winning the lottery) the worse that would happen as I see it is I'd get a letter from the movie distributor telling me I need to make it right... and even then what would the value of a 3 second audio clip in the scope of the whole work represent in value to the whole work?

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    Doesn't always work so well - this is quite a well known 'borrowing' case.

    The Verve Sued Again Over '''Bitter Sweet Symphony''' - MTV

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    Plus it's kind of shitty.

    I always encourage people to ASK PERMISSION before using anyone's work- especially indie stuff. Just ask, they usually say yes.
    Of course..a big movie, maybe you don' know who to ask or whatever... but it is still shitty to just take it. So ask- if they say no, or want too much money.. use something else. Record your own. Whatever.
    If you are thinking.. but I NEED this particular clip because it is so catchy/wellknown/great... well.. that's probably why they want so much money.

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    Quote Originally Posted by rob aylestone View Post
    Doesn't always work so well - this is quite a well known 'borrowing' case.

    The Verve Sued Again Over '''Bitter Sweet Symphony''' - MTV
    It may seem weird but music and movie audio are two completely different things and do not fall under the same rules or laws as per Mr. Ed's voice being used on the track...Trust me the songwriter for the Mr. Ed theme got his royalties but going after them for the audio clip where he says "Hello I 'm Mr. Ed" was another story not covered under music royalty companies like ASCAP nor movie royalty companies like SAG (Screen Actors Guild) I tried to get satisfaction via SAG nope...just not covered...had they used a clip in a video where his voice was used yes...but just his voice on the record...nope...Checked with ASCAP...nope...Tried to get a lawyer to take it on a contingency...nope...

    Good luck with getting permission from a movie producer...God have you looked at the credits and seen how many freekin producers and middlemen are involved in these damn movies these days...what a cluster. You gotta do what your gut tells ya...and maybe because I'm older and understand that at least in my case the likely hood of anything I produce ever getting beyond where I post it on the internets is HIGHLY UNLIKELY if I was so inspired to add some movie audio clips I'd just do it....Maybe I will Yeah ...Humphrey Bogart saying "Here's looking at ya kid" followed with Moe from the 3 stooges saying "Why I oughta!" I'm inspired!

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