When you make a short movie and put in the movie some music that you bought, is that considered illegal? If you're not making any money from it or using it in a business, but just put it online for entertainment, would it violate the copyright of the music? Do you have to get or buy a special license from the artist?

Short answer, yes. Long answer, depends, are you showing the movie to anyone? If it's just for personal use, not showing to anyone else, it's legal. Technically, anyway.

~Viz

Well, I mean putting it online on a gallery-like place, where people submit their animations. It would be publicly accessible.

Woops, I made a huge typo in my above post, which I have now edited, yes, that would technically be illegal. Your site stands little chance of being prosecuted, but even so, you need to at the very list put the songs in the credits, legally, obtain permission from the copyright holder.

~Viz

If you are going to use a copyrighted song performed by your self or a friend, then you need a usage license from the copyright holder's agent. Normally ASCAP in the US for most works.

If the track is from a CD, you can use up to 10% or 30 seconds of a track (which ever is less) for non-profit, "educational" situations, say if it was for a short film for a video production course. If you need more than that, then you require both a Usage License from the copyright holder and a Master Use license from the performer.

I work in the video production business and we go throught this all the time paying royalities and getting clearences for songs in a TV commerical.

Sometimes, if it is for a student/non-commerical project, companies and usage agents will allow you to use the track free or for very little. But it does take time to find the right agents, write a letter, and get an offical mailed response. Allow a couple months if your really wanting to use a track.

It's illegal. Im sure of it. You can't use commercial music for nothing - the only thing you can do with it is listening...

So, if I use every song in an album, but only use less than 10% or 30 seconds of each song, and use it in a course, that would be completely legal? What if I use the 10%/30sec of a song over and over again in the movie?
When you say "non-profit, 'educational' situations", do you mean it has to be both? Can it be just non-profit, but not educational?


Oh, and vizskywalker, I didn't mean putting it on my site. I meant putting it on a site like Newgrounds (Oh no, the advertisement I have tried to avoid in my previous post!!!).

I think the whole thing depends on under what copyright laws the music is published. And as now copyright laws are changing in lot of places its really hard to stay on track. So best bet is not to use copyrighted music without permission.

its illegal but i really wouldnt worry about it....even if you do contact the artist (whcih to me would seem virtually imposible...at the least very hard) they prolly wouldnt care but as has been said...even if a lot of people are going to be looking at it...no one will care...i mean, there is a lot of videos out there that people have used music and "I" have never "heard" of anyone getting into serious trouble over it...if any trouble....so i would say it would be fine

At work we often have to use music in conjunction with video... and if at anytime we utilize commercial music, we pay a royalty to the production house that publishes the music on behalf of the artiste...

Take into consideration what is acceptable in audio/video and what is not.. Eg. you've got a big now home theatre system and you call over a few friends to your home for a few beers and a movie/ listening to music.. you're absolutely free to play anything you want in your own home, for your own personal consumption as well as the private consumption to visitors to your home.. if however, a friend of yours pays you (for whatever it may be during the visit), it may be argued that there was a commercial transaction in the friend's visit to your home.. (of course nothing like this usually occurs but we may argue this).. so if there is a cash transaction, it may be argued that you're charging another person to provide entertainment.. since there's a transaction associated with the entertainment the audio/video used to provide entertainment (if commercial .. published/ purchased) then it becomes the entertainment provider's obligation to provide the artiste with royalty..

It's like when we head down to the local disco, the DJ is required to acquire the music he/she plays directly from the recording/ publishing studio since the entertainment provided from the music/video is not only for personal consumption but for the entertainment of people in a commercial establishment where monitary transactions are taking place in exchange for the entertainment provided.

So, if in a video, we were to add music that was published for commercial purposes (sold by a publisher on behalf of an artiste) then if this music is not consumed after purchase by the individual buying the music and if there is a large audience involved (unrelated through friendship or otherwise to the person making the film with the movie with the commercial audio track) then the person becomes liable to pay a royalty on the music. Also, prior permission is required before introducing any audio into video which may be released for non personal consumption (to avoid the audio track being used for porn and the likes, by artistes that do not wish their image tarnished)...

But like every aspect of royalty based products, it can always be argued about what is and what is not private consumption of audio/video.