? about Synch rights at DVinfo.net

Kevin Lewis · April 12th, 2009, 06:27 PM

Is it true that you can use up to 40 seconds of a song without paying lisceneing fees. Does anyone know if this is correct?

Pete Bauer · April 12th, 2009, 08:38 PM

Sure it is true...you can do it. But the copyright holder might sue the pants off you.
;-)

Paul Tauger is an IP attorney who is kind enough to be one of our moderators. Here is just a sampling of similar threads I found by keywording "seconds" and his name:
http://www.dvinfo.net/conf/taking-ca...-websites.html
http://www.dvinfo.net/conf/taking-ca...-question.html
http://www.dvinfo.net/conf/taking-ca...t-arrgghh.html
http://www.dvinfo.net/conf/taking-ca...ic-lyrics.html

So the answer is probably not what you were hoping to hear.

Steve House · April 13th, 2009, 11:54 AM

Quote:

Originally Posted by Kevin Lewis

Is it true that you can use up to 40 seconds of a song without paying lisceneing fees. Does anyone know if this is correct?

Just in case you didn't catch the wink in Pete's reply, there is no magic number of seconds below which a license isn't needed. For all practical purposes, if the music is recognizable at all, you need to license it. There are exceptions under the doctrine of fair use but that only applies in very limited circumstances and is not time dependent, and there are some exceptions regarding incidental inclusion. You'd need an IP attorney to review your exact use to see if one of those might apply but it's rare that it would.

Kevin Lewis · April 13th, 2009, 08:35 PM

Thanks for the input guys!

April 12th, 2009, 06:27 PM	#1
Kevin Lewis Major Player Join Date: Feb 2009 Location: Philadelphia, pa Posts: 705	? about Synch rights Is it true that you can use up to 40 seconds of a song without paying lisceneing fees. Does anyone know if this is correct?

April 12th, 2009, 08:38 PM	#2
Pete Bauer Wrangler Join Date: May 2003 Location: Eagle River, AK Posts: 4,100	Sure it is true...you can do it. But the copyright holder might sue the pants off you. ;-) Paul Tauger is an IP attorney who is kind enough to be one of our moderators. Here is just a sampling of similar threads I found by keywording "seconds" and his name: http://www.dvinfo.net/conf/taking-ca...-websites.html http://www.dvinfo.net/conf/taking-ca...-question.html http://www.dvinfo.net/conf/taking-ca...t-arrgghh.html http://www.dvinfo.net/conf/taking-ca...ic-lyrics.html So the answer is probably not what you were hoping to hear. __________________ Pete Bauer The most beautiful thing we can experience is the mysterious. It is the source of all true art and science. Albert Einstein Trying to solve a DV mystery? You may find the answer behind the SEARCH function ... or be able to join a discussion already in progress!

April 13th, 2009, 08:35 PM	#4
Kevin Lewis Major Player Join Date: Feb 2009 Location: Philadelphia, pa Posts: 705	Thanks for the input guys!