Say that I am making an independent movie documentary and a particular segment I filmed shows a person in a car, and his stereo is loudly playing a song by a popular artist....something that I have no control over. Could this segment be put into the movie without violating copyright law?
BizAdvisor
Favorite Answer
Even if a random song is playing on the radio, barely audible in the background, you still need licensing to use that song in your film. Otherwise, yes, it would be infringement.
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specific, you may want a license to create, reproduce, post or distribute this style of "spinoff artwork" of music created by capacity of others that's still below copyright. 17 USC § one hundred fifteen. each music is nicely worth as much as $a hundred and fifty,000 for copyright infringement of a registered copyright, whether you do no longer sell any of them. Copyright infringement would not require evidence which you're "making a living". criminal violation, with federal reformatory time, additionally would not require evidence which you made any own earnings out of your copyright infringement; purely which you allotted a minimum of $a million,000 nicely worth of stuff (a misdemeanor). in case you made ANY funds out of your intentional copyright infringement, this is a federal criminal. 18 USC § 2319 US criminal Code.
X
Music copyright is not worth the paper it is printed on. As with any copyright.
This charade will go on for a few more years, and if the world does not end, greed will crumble into the abyss it belongs and people, society and community will be better for it.
Nicholas J
No that's a complete textbook example of fair use.