File Length

[Blumonkeyboy]

What is the longest ammount of time a song file can take without royalties having to be paid? Im writing a parody for the show, and figured i better ask.

 

[mainegal]

I am a librarian – not a copyright lawyer!
I do appreciate that you are concerned about this. Too many people just copy music as they wish without thinking of the consequences.
Nothing about file length. And to do it legally, takes a bit of work.

I found this
How to Legally Use Copyrighted Music
http://www.ehow.com/how_5031327_legally-use-copyrighted-music.html

Consider the length of the piece. Stanford University's Copyright and Fair Use Center offers this advice: "the less you take, the more likely that your copying will be excused as a fair use." However, Stanford also cautions that even a small portion is inexcusable if it is taken from the "heart" of the work---in other words, do not take the most recognizable or memorable part of a song.

How to Use Copyrighted Music Clips
http://www.ehow.com/how_5027036_use-copyrighted-music-clips.html

Music is automatically considered copyrighted as soon as it is written down or recorded under Title XVII, US Code. Only the copyright owner can legally copy, distribute, perform or create derivative works from that original piece of music. If you want to use a music clip that is protected by copyright for anything other than personal use, you must first get permission from the copyright owner. Many times, there are fees and royalties that must be paid in return for permission to use the material.

 

[mainegal]

Maybe your use would be okay?


10 Big Myths about copyright explained
http://www.templetons.com/brad/copymyths.html

4) "My posting was just fair use!"
The "fair use" exemption to (U.S.) copyright law was created to allow things such as commentary, parody, news reporting, research and education about copyrighted works without the permission of the author. That's vital so that copyright law doesn't block your freedom to express your own works -- only the ability to appropriate other people's.

 

[Blumonkeyboy]

Ok thanks. I did a little research to, not in the official places like you, and come across somthing about how you dont need permision to parody a song, but you have to pay them royalties if you sell it. I guess since the podcast is free, i could get away with it. I have a site where i put my parodys, as well as myspace, and noone has ever had a legal problem.

 

[jcb]

I hate to be a killjoy on this as I would enjoy hearing what you are putting together.

There is a difference between "parody" and "sampling" and it seems to me you are taking about sampling. Parody is Weird Al or JibJab (though there are legal issues here as well) - sampling was/is used by hip hop and there are court decisions holding that use violates copyright laws.

There is no minimum length (or notes) that is "fair use" - literally it is possible though not really feasible that one note sampling would violate copyright.

If you want to read more on this check out http://law.freeadvice.com/intellectual_property/music_law/use_of_notes.htm and http://law.freeadvice.com/intellectual_property/music_law/penalties_sampling.htm

which while "free advice" is accurate enough for the present.

 

[Blumonkeyboy]

Ill try recording a short demo, and see if that changes anything.