Speech and copyright

[Raksha]

Hi all

I find it hard to understand the copyright laws for speech, so can you help me out:

I want to use 28 seconds or so of one of Donald Trumps speeches in an instrumental tune. Can I do that? I know that if the speech is written beforehand, copyright law applies. But I seriously doubt that the Donald wrote much before his speeches, he seems to be doing most or even all of it ad lib. And this was sent on CNN, and surely numerous other media, so is it free to use?

[Mod edit: Video link removed.]

The context of the tune will not be very friendly towards the Donald, I can tell you that. But I'll give hime this: He would have been a hell of a rapper if he tried, and if he could sing, a damned fine rock'n'roll vocalist

[whyterabbyt]

Are you talking about delivering that speech yourself? Because that's where copyright over speech applies; a performance of that speech.

You couldnt use Trump's delivery of that speech unless you had a recording of that, though. And doing that, eg using an excerpt of the sound from that video on CNN, is not actually about the copyright of the speech, its about the copyright of that recording, which, for that example would be owned by CNN or someone they'd licensed it from.

As always, you cant legally reproduce something derived from a copyrighted work without permission of the owner of the copyright. There are a small number of 'fair use' exceptions, and people frequently try the 'parody' fair use exception as a loophole, but it really isnt the loophole people think it is and CNN's lawyers are bigger than yours.

A lot of people will suggest the 'but if noone notices you'll be fine' gambit. But be aware that an actual lawyer wouldnt give you that advice.

[Raksha]

I want to use the audio from The Donald himself. I just sent CNN an mail regarding the use, so let's see how it goes.

Are you talking about delivering that speech yourself? Because that's where copyright over speech applies; a performance of that speech.

You couldnt use Trump's delivery of that speech unless you had a recording of that, though. And doing that, eg using an excerpt of the sound from that video on CNN, is not actually about the copyright of the speech, its about the copyright of that recording, which, for that example would be owned by CNN or someone they'd licensed it from.

As always, you cant legally reproduce something derived from a copyrighted work without permission of the owner of the copyright. There are a small number of 'fair use' exceptions, and people frequently try the 'parody' fair use exception as a loophole, but it really isnt the loophole people think it is and CNN's lawyers are bigger than yours.

A lot of people will suggest the 'but if noone notices you'll be fine' gambit. But be aware that an actual lawyer wouldnt give you that advice.