KVR Audio

thebaggytrouseredone · Wed Sep 17, 2014 10:38 am

Hi there,

My band is working on our first album and I've been looking through the Internet Archive for public domain audio and video for use as sample fodder and video for music videos.

I have found a lot of public domain files that could be useful but I'm still unsure of the copyright legalities.

I understand that public domain means free use but I am reading that some files are public domain within the United States. I'm from the UK and I intend to put videos up on YouTube and sell our music from iTunes with CDBaby.

What should I be looking for so that I can use material that is completely free to use and I won't get sued?

I do intend on making original video and samples but I also want to use old obscure audio and video from Internet Archive.

Burillo · Post by **Burillo** » Wed Sep 17, 2014 11:00 am

technically, anything that is in the Internet Archive doesn't have to be public domain, it'll count as fair use even if the work in question is copyrighted. so, the fact that it's in Internet Archive doesn't mean you get a free pass to use it. and with modern copyright law basically obliterating any and all fair use, i'd be wary of using anything from anywhere, unless it specifically states it's public domain (or CC, but be careful - some CC licenses require you to relicense your stuff under CC as well, or don't allow commercial usage).

thebaggytrouseredone · Wed Sep 17, 2014 11:38 am

I'll be reading the copyright licence and double checking to be sure. It's free use and public domain that I'll be looking for, I want to be as carefull as possible.

pljones · Post by **pljones** » Wed Sep 17, 2014 5:23 pm

You are right to be wary as some official work in the US is required to be in the public domain -- but only within the US, as far as I understand it. I don't even try to understand the details any more... If you can't find an author statement saying clearly "This work is mine and I make it freely available forever for anyone anywhere" (or equivalent legalese translated by a lawyer...) then there is risk attached in using it... There's probably risk attached anyway, if you end up being successful and someone thinks they've a chance of making money out of you...

SampleScience · Post by **SampleScience** » Sat Oct 04, 2014 2:45 pm

pljones wrote:You are right to be wary as some official work in the US is required to be in the public domain -- but only within the US, as far as I understand it. I don't even try to understand the details any more... If you can't find an author statement saying clearly "This work is mine and I make it freely available forever for anyone anywhere" (or equivalent legalese translated by a lawyer...) then there is risk attached in using it... There's probably risk attached anyway, if you end up being successful and someone thinks they've a chance of making money out of you...

NASA and US Army videos are the safest in my opinion. When it comes to movies, you have to do some research. Most of the times, the copyrights drop when the company who produced the movie when bankrupt and couldn't renew their copyrights because of this.

pljones · Post by **pljones** » Sat Oct 04, 2014 4:57 pm

SampleScience wrote:Most of the times, the copyrights drop when the company who produced the movie when bankrupt and couldn't renew their copyrights because of this.

That's not how copyright works. Nothing has to done for a copyright to be in effect - other than producing a work in a form subject to copyright protection. It's a right held by or assigned by the producer of the work that they get - no "application" or "renewal" process is involved. A (protected) work is copyright unless specifically made free of copyright or the duration of the copyright has expired. The works free of copyright in the US that are not free of copyright elsewhere are no different in that regard, to the best of my knowledge.

SampleScience · Post by **SampleScience** » Sun Oct 05, 2014 1:55 pm

pljones wrote:
SampleScience wrote:Most of the times, the copyrights drop when the company who produced the movie when bankrupt and couldn't renew their copyrights because of this.
That's not how copyright works. Nothing has to done for a copyright to be in effect - other than producing a work in a form subject to copyright protection. It's a right held by or assigned by the producer of the work that they get - no "application" or "renewal" process is involved. A (protected) work is copyright unless specifically made free of copyright or the duration of the copyright has expired. The works free of copyright in the US that are not free of copyright elsewhere are no different in that regard, to the best of my knowledge.

Not before 1978. But what you are saying is right since 1978. Where I live, in Canada, it's slightly different and there is more creative things that can be legally done with copyrighted material here than in the US.

pljones · Post by **pljones** » Sun Oct 05, 2014 4:39 pm

My understanding of the act is that is effective for all eligible works, not simply those created after the act. Otherwise Disney wouldn't benefit from the extensions to cover on works created in the early 20th century.

http://en.wikipedia.org/wiki/Copyright_ ... ension_Act

Copyright Internet Archive