Public domain sample use question...

[Armistice]

Throwing this in here because I have no idea where else to put it...

I've used Neil Armstrong's "one small step etc." sample in a song I'm soon to commit to CD.

As far as I can tell, it's in the public domain...

The page above specifically mentions the US. I'm not in, or from, the US. And it's really hard to tell from that page and the various linking pages what the provenance is..

I end up on a Public Domain 1.0 page when I click the bottom line in the box with the govt seal, but again this just says "The work may not be free of known copyright restrictions in all jurisdictions"... and when I click into the link there I get:

" It could also be the case that certain categories of works are not protected by copyright by operation of law in a particular jurisdiction, but may be afforded protection under the copyright laws of other jurisdictions. This is the case, for example, with U.S. government works.

When I click the link and go to the US gov site and drill into their FAQs I get (my italics):

5.3.1 How can you determine if copyright permission is needed?
Permission is not needed if the work is in the public domain (see FAQ Section 2.2.4), when the use is a fair use (see FAQ Section 2.2.2), or if a license or agreement covers the intended use. Otherwise, permission should be sought.

All of which doesn't end up answering the question about whether I, as not being from the US, can use the sample, which is a US government work, without notifiying anyone or seeking permission from anyone.

I'm assuming I'm good here, anyone have any different opinions?

 

[Chili]

Most, if not all, literary works of the US gov't are public domain. Neil Armstrong was a US Gov't employee. I heard somewhere, he didn't speak that phrase spontaneously; it was written by someone else beforehand..... I should google that.

[Edit: Looks like I was wrong according to Wikipedia. He came up with the phrase after they landed on the moon.]

 

[witzendoz]

As you are in Australia, Give AMCOS a ring and see if they can clarify it for you.

Cheers
Alan.

 

[Armistice]

As you are in Australia, Give AMCOS a ring and see if they can clarify it for you.

Cheers
Alan.

I'm still struggling with their hugely long membership form and wondering whether I need to bother joining! I've bailed at page 14...

Worth a try, I guess, but at heart I'm thinking that he was a US government employee, the US government owned the audio and have placed the clip in the public domain, so they don't care, so how can anyone else possibly have any objections... especially in such a hugely reverential song like mine!

 

[Armistice]

Most, if not all, literary works of the US gov't are public domain. Neil Armstrong was a US Gov't employee. I heard somewhere, he didn't speak that phrase spontaneously; it was written by someone else beforehand..... I should google that.

[Edit: Looks like I was wrong according to Wikipedia. He came up with the phrase after they landed on the moon.]

Yeah, that's what I read... and he intended to say "a" man, but didn't, but now there's someone claiming after much analysis of the audio that he did... and he's dead now, so he's not sayin'

 

[witzendoz]

Amcos will talk to non-members LOL, I actually am a member of APRA so the Amcos membership is part of the deal.

Alan.

 

[Chili]

I'm still struggling with their hugely long membership form and wondering whether I need to bother joining! I've bailed at page 14...

Worth a try, I guess, but at heart I'm thinking that he was a US government employee, the US government owned the audio and have placed the clip in the public domain, so they don't care, so how can anyone else possibly have any objections... especially in such a hugely reverential song like mine!

There was something in the news recently where some dumb-ass pop singer did a tribute song about the Challenger disaster. She used clips of the doomed flight in her song and pissed off the crews' families. Oh, but she could afford lawyers.... sorry.

 

[Armistice]

There was something in the news recently where some dumb-ass pop singer did a tribute song about the Challenger disaster. She used clips of the doomed flight in her song and pissed off the crews' families. Oh, but she could afford lawyers.... sorry.

LOL - that would be Beyonce... just about the biggest recording artist in the world... She didn't write the tune, or produce the video, just being the puppet singer in the middle, but yeah, dumb thing to do...

Perhaps I should consider it when I do the video... free publicity! And I can always apologise profusely and remove it and revel in the fame I've thus garnered...

 

[Chili]

I think you have absolutely nothing to worry about by including the clip in your cd.

 

[mjbphotos]

I'm with Chili, just use it.

 

[moresound]

Change the phrase by one word.

 

[Armistice]

Change the phrase by one word.

Do I have to facepalm you again today henry?

 

[Armistice]

Yeah, we'll just see what happens... it pops up all over the place so it's got to be OK...

I actually use to have my looper play it live at the end of the tune.... "Special guest vocals by Neil Armstrong..."

 

[Chili]

Change the phrase by one word.

You could add the word "a".

 

[Armistice]

You could add the word "a".

I see where you're going here...

"That's a one small step for man, one giant leap for mankind..." sort of makes it sound like a bit player from The Sopranos says it...

BTW Chili dude... I've just finished what will be the final song on the album (though not the final song I'm working on... still one to go...) and as the final song I've put the "Chili ending" on it, instead of the "Chili intro" for Fraud... just cut the harmonies from the chorus and dropped them in at the end of the tune. Great way to end the disc, I reckon... Thanks for the idea!

And I've downloaded but not yet installed WaveLab Elements... just need to sing this GODAMMNED LAST SONG PROPERLY!!!! and I'm ready to master.. Will have another go tonight..

 

[Chili]

I see where you're going here...

"That's a one small step for man, one giant leap for mankind..."

You got me, that's a what I was thinking. I had a calzone for lunch today.

and as the final song I've put the "Chili ending" on it, instead of the "Chili intro" for Fraud...

Cool, I like that idea. And being at the end of the CD, you doubt Rich will listen that far, so he can't object.