Re: Music

From: Harold Federow <hfederow[_at_]u.washington.edu>
Date: Mon, 16 Sep 1996 09:56:23 -0800

On Fri, 13 Sep 1996, ronnint[_at_]saccaa.sunyacc.edu (Teresa Ronning) wrote:
>
> Someone at our college has created a presentation, turned it into a
> video and would like to put a recording of a currently popular new
> age musician as the background music. This video presentation would
> then be shown to people primarily in the business community. It
> seems clear to me that this could not fall under fair use. It is not
> in a face to face instructional situation and, even though there would
> not be any fee collected, it will be transmitted on a television screen
> to the public.
>
> My questions are:
>
> 1. Can anyone explain how we might get permission to use this music?
> I assume we contact the recording company who produced and
> distributed the music. Does anyone have any advice on how to
> proceed?

I believe (it's not my area), you have to get permission both from the copyright holder and from the artist that recorded it. Try the ASCAP or BMI organizations in New York.

> 2. Can anyone offer any argument for fair use of this music as
> background to a video presentation on an unrelated topic?

Maybe. However, you only get to use it in correspondence with the other side's lawyers and/or in a court case. It is almost certainly true that it will save time and headache and lots of money to get the licensing done correctly up front.

Harold Federow
<hfederow[_at_]u.washington.edu> Received on Mon Sep 16 1996 - 16:49:33 GMT

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