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Can I use copyrighted music in commercials?
Posted by John Frank on June 10, 2009 at 12:21 amHey, I’m wondering if I can use copyrighted music if under 30 seconds for commercials or other things, I know on the radio your allowed to broadcast it but no idea for media. Also how generally does copyright laws work between producers/directors/actors/filmers/editors I would like to read up on it any links? .
Bill Davis replied 16 years, 11 months ago 6 Members · 5 Replies -
5 Replies
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Todd Terry
June 10, 2009 at 2:54 am[John Frank] “Hey, I’m wondering if I can use copyrighted music if under 30 seconds for commercials or other things”
Yes, of course you can.
Depending on the piece of music (say, something current and popular) and the exact usage, be prepared for negotiations between you and the various rights holders (writer, publisher, label, and artist) to easily reach well up into the several tens of thousands of dollars range.
If, on the other hand, the question is actually “Can I use copyrighted music…. for free?”, the the answer is a lot easier. Of course not.
T2
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Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com

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Walter Biscardi
June 10, 2009 at 10:38 amNo. Not without the proper written permission and payment.
Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.STOP STARING AND START GRADING WITH APPLE COLOR Apple Color Training DVD available now!
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Richard Herd
June 10, 2009 at 5:38 pmSome detail to consider: Depends what you mean by “copyrighted.” For example, some old pieces (classical, folk mostly) are public domain, so you’d have to buy the sheet music and record it. Then someone would hold the copyright to the arrangement and the recording.
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Bill Davis
June 12, 2009 at 5:15 amTo try to make this a little clearer…
What you hear on radio commercials is legally cleared because radio and TV stations purchase a “blanket broadcast license” that covers the use of music on their IN HOUSE commercials, etc.
As an outside producer, the ONLY classification of music you can be certain of using and still being LEGAL is music specifically offered as “licensed production music” and for which you PAY. This music is sometimes called “buyout music” or “needle-drop music” (both web-searchable) but whatever it’s called, it comes with a specific legal agreement specifying how and when you can use it in exchange for the fee you pay.
You really should consider ALL other music off limits. Yes, there is music that’s in the “public domain” due to falling out of copyright or other factors – but even if the COMPOSITION is legal to use, nearly any RECORDING of it is likely still protected. Plus in the area of using the music for commercials, you may need to secure specific rights to use the music possibly including “Broadcast rights” “Syncronization rights” “Mechanical rights”, or others. When you use properly licensed music, all this is taken into account.
So start your web search under “buyout music” and good luck.
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