As a royalty free music business, we get asked many questions about copyright. There are numerous people that believe they can legally use up to 30 seconds of music without any legal repercussions and without having to seek clearance or a license.
Well, sorry to be the bearer of bad news…. This is simply not true and a bit of a modern myth.
Copyright law is complex and varies in different countries. US copyright law in particular, has a fair use clause, whereas here in the UK, there is no such clause.
This fair use copyright clause is misinterpreted by many who think that using up to 30 seconds of music is legal. The fact is that any use of music needs to be cleared or licensed. Even where copyright law includes a fair use policy the legal interpretation can vary considerably.
For instance, using a 10 second music clip as an intro to your podcast would probably not be classed as fair use, whereas using a 10 second snippet to critique a piece of music may be seen as fair use in copyright law. However, never assume you are covered by fair use copyright as there is no guarantee you will be safe.
I once heard an American music lawyer say…
When your use of music gets challenged you need a defence; having a license is always your best defence. If your defence is ‘fair use’ this will probably not be sufficient to save you in court.
She went on to say that it is not worth the risk in nearly all cases.
A good rule of thumb is that it is not OK to use any amount of copyrighted music without permission from the rights owner or a music license. If you do feel fair use applies you will need to study the fair use guidelines for the copyright policy of your jurisdiction and to be completely sure you would need a music lawyer to confirm your belief for your particular circumstance.
In my opinion, it is going to be much easier, cheaper and less stressful to get royalty free music licenses from a reputable company.
Have something to say about fair use? Feel free to leave your comment and share this post using the ‘ShareThis’ button.
UPDATE: Please note This content is not legal advice and I can not provide legal advice. Please do comment if you have something to add as it is appreciated and adds more opinions to the subject. However, please do not just ask a question that is answered in the article. Can I use __ in my film… etc is not something I can give you an answer on. The ‘good rule of thumb’ section answers all of those queries.
Asking me if you can use ___ in your project is not something I can answer for you. I will not answer such comments for two reasons (a) you probably have not read the article (b) I have no authority to say you can use anything (unless it is in our stock music library). Thank you for your understanding.