Licensing questions

[gozar]

We're going to record our second episode of our podcast tonight, but was wondering about the licensing issues. Songs are pretty much out. I can do our intros and stuff in Garageband. What I was wondering was the rights to using:

1. Snippets from TV shows and movies. One or two lines. Does that fall under fair use?

2. If I heard a great song and want to talk about it, could I play a snippet (15-20 seconds) and discuss the song? I feel that this would fall under fair use. according to section 107 of the copyright law:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
http://www.copyright.gov/title17/92chap1.html#107

3. What about video game sound effects and music?

(* And to plug the podcast: http://bitsmack.com/ Video games, TV, Movies and more! *)

[mongrel]

As I understand it, you may use up to 12 percent of any source document if your purpose is specifically to use the sampled material for criticism or education about it. Artistic use formerly came under this umbrella, but there have been so many legal challenges that it's not a particularly safe argument anymore.

Unfortunately, as other members have ruminated, the licensing orgs have deep pockets to sue us and just DON'T seem to get it that using a tiny clip from a source is NOT part of the massive pirating they are trying to combat. They will one day realize that they are shooting themselves in the collective foot by setting up obstacles against us the way they are.

What is hard for me (and many of us, I imagine) to remember, is that we are soooooooo far ahead of the general public's tech curve when it comes to this medium that it's going to take a while for society to morph into a form that makes it easier for us to innovate.

Good luck, and in the words of Dan Rather

"Courage!"

mongrel

[noodlejook]

I found a band on Garageband and I emailed them and they sent me an email saying I could use all their songs for my podcasts. If you find a band you like, just email them. If you do one a day, you could get lots of material in a couple weeks. The band I used was www.acrosstheroom.com. they gave me 6 tracks from one CD and 3 tracks from a new cd that's coming out next month. So, if you find a band, just email them and ask.

[mongrel]

That's awesome, noodlejook! Yeah, isn't it funny that more unsigned, unknown acts are going to get tons more exposure out of our necessity! I have, just in the search for non-RIAA music, found more darn cool groups out there putting out some awesome music than I had ever imagined.

I work for a textbook publisher that is looking to incorporate a popular music segment into their courses' audio component. They have been desperately trying to deal with the licensing orgs and get them to understand that they just want ONE song that an instructor can play for the class to discuss in the context of language learning (French, Spanish, etc.) They have gotten almost nowhere. So I hipped them to Garageband and they are THRILLED! Someone is going to be assigned to listen to music from all over the world, and we'll mostly likely make an offer to a few bands for use of one or two songs.

The world IS changing. And there is very little that the forces of old can do to keep liberty restrained!

Mongrel