KVR Audio

dvonae · Post by **dvonae** » Sat Jan 01, 2005 12:55 am

herodotus wrote:I do believe that if You don't make any money off of it,that it falls within the category of "Fair use"

Although I'm not an lawyer (and I don't play one on TV), I do remember reading that "Fair Use" has nothing to do with payment.

You can violate copyright by giving away free copies of a copyrighted work. If it is copyrighted, you can't make copies without permission of the author -- payment is irrelevent. There are exceptions to this; for example, you can make archival copies of works you have purchased, for your own personal use, but you cannot give the copies to other people.

"Fair Use" generally involves using a small portion of a copyrighted work for review, satirical or educational purposes. Unfortunately, the fair use doctrine is rather fluid -- one person's fair use is another person's copyright violation.

Remember, I'm not a lawyer, but if the phrase you want to use is 5-10 seconds out of a 20 minute speech, this might be considered "fair use". Then again, it might not. Ain't this fun?

PT wrote:You could try asking the King estate for permission, stating what it is for and that you are on a short time schedule and therefore need a quick answer.

This is definately the safest choice, although it probably won't get you anywhere unless you know specifically who to ask and can get a written, official release to use it. The other alternative is to ask a copyright attorney whether what you want to use falls under fair use.

pitchdrifter · Post by **pitchdrifter** » Sat Jan 01, 2005 2:40 am

A phonecall usually goes a very long way.

P.T. · Post by **P.T.** » Sat Jan 01, 2005 5:06 am

In the US they (I've heard radio talk show hosts mention it)can use short clips of a song without paying royalties.

There seems to be an actual figure in seconds.
I don't know how you could track down specific info on this.

pitchdrifter · Post by **pitchdrifter** » Sat Jan 01, 2005 5:19 am

there isn't, thats a myth

jones-y · Post by **jones-y** » Sat Jan 01, 2005 5:55 am

pHz wrote: a 30 year old recording of a martin luther king speech

MLK died in 1968... 37 yrs ago

But seriously though, I have no idea. But I prefer Malcolm X over audio...

bluedad · Post by **bluedad** » Sat Jan 01, 2005 5:57 am

it's probably more like 40 yrs ago

vurt · Post by **vurt** » Sat Jan 01, 2005 6:07 am

mjones4th wrote:
pHz wrote: a 30 year old recording of a martin luther king speech
MLK died in 1968... 37 yrs ago

its the doris stokes recordings.

Cabinfever · Post by **Cabinfever** » Sat Jan 01, 2005 7:09 am

this speech was presumably made outdoors before a public audience ? then many different radio stations and even individuals might have recorded the speech. that means the copyright for each individual recording rests with the particular recording organisation. at least thats the way i understand such things to work (and ive often commercially used material based on this assumption)

in other words you can use because who's to say who recorded it ?

the 'king' foundation (and they sound like tight-assed shites to me) doesn't own words spoken at a public event.

this is pretty much the same as tv stations being allowed to use footage of you if you are wandering around in a public place - they don;t need personal 'release' forms from everyone they film or audio record. that's because you are 'in public' .....

P.T. · Post by **P.T.** » Sat Jan 01, 2005 10:19 am

cabinfever, it sounds like you just legalized all bootleg recordings of live music shows.

pHz · Post by **pHz** » Sat Jan 01, 2005 11:30 am

thanks for all the advice and opinions folks ...

... but its all moot now since i submitted a different (non sample containing) track for the asia CD ...

slainte

rob

herodotus · Post by **herodotus** » Sun Jan 02, 2005 2:30 pm

In the U.S.,anyone can use anyone else's copyrighted work, if it has been published.

There is nothing wrong with using any copyrighted work, just as long as you pay them the current rate for mechanical royalties. When last I checked, it was about 2.8 cents per minute per unit sold.

Usually, 'asking permission' is done to obtain a better rate than the mechanical one.

As copyright lawyer Richard Stim puts it: "The purpose of an infringement lawsuit is to provide remedy for the copyright owner's injury. Without a real injury (i.e. lost revenue), the issue of infringement is academic and one for which judges have little patience"

Resources
Copyright office: http://lcweb.loc.gov/copyright

Nolo: http://www.nolo.com

stefancrs · Post by **stefancrs** » Sun Jan 02, 2005 2:39 pm

for example, you can make archival copies of works you have purchased, for your own personal use, but you cannot give the copies to other people.

In sweden you're allowed to give copies of audio and video to your "nearest friends".

urgent !!! ... copyright question ...