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Paging Soulstrut Legal Department

HankScorpioHankScorpio 163 Posts
edited May 2005 in Strut Central
Hey Gang,It was recently decided here at work that a new product we're launching needs a short 2 minute video. It's for the web and also for the sales force to use, so it will be on a video cd as well. While we don't want music going all throughout the video, it'd be nice to have some during the intro and outro, just nice incidental music, nothing too distracting.What's the law say about out of print albums? If I find something that I want to use, do I have to go to ASCAP and find out who owns the license to the song? How can I find out if something is considered public domain?It's tough, because I know we'll only have about 30-45 seconds of music, and if it were something obvious and needed to be cleared not worth it. I know this still wouldn't be covered under fair use, as we're not reviewing an album or doing any type of parody. Any advice is much appreciated!

  Comments

  • leisurebanditleisurebandit 1,006 Posts
    "1. Copyright on works created after January 1, 1978 lasts for the life of the author plus an additional 70 years, or in the case of joint works, 70 years after the last surviving author's death.

    2. Copyright on works created but not published or registered before January 1, 1978 lasts for the life of the author plus 70 years. If the work is published before December 31, 2002, the term will not expire before December 31, 2047.

    3. Works published before 1978 which are still in their original or renewal term of copyright are protected for 95 years from the date of original copyright."

    from http://www.lib.jmu.edu/org/mla/faq/laws%20and%20codes/Length%20of%20Copyright.asp?node=41

    I don't think being "out of print" has anything to do with it. So yes you'll probably have to go to ASCAP or whatever cause no almost recordings are THAT old.


    disclaimer: I AM NOT A LAWYER!!

  • HankScorpioHankScorpio 163 Posts
    Hi Leisure,

    Thanks hommie! It makes sense that being out of print doesn't matter, now that I think about it. OOP stuff would still be under copyright and owned by someone, but for one reason or another is not in print.

    Thanks again!
  • djcoolhandsdjcoolhands 548 Posts
    this may be an obvious statement, but throwing the words "for promotional use only" on it and not selling it protects you just fine.
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