If I make a video in MM2 or Photo Story and use a famous song as the
background music, is that OK? Does that fall under the 'Fair Use' clause of
copyright laws, as long as I use it for my own 'entertainment'? Am I in
violation of copyright laws if I cross the line and post it on the Web? Do I
need permission from the copyright owner beforehand? Even if I don't make
any money from showing it, there is some shade of gray there. It could be
interpreted as being used as a means for personal gain. For example,
generating traffic on my Web site. I could lure you to my site because you
may like a particular song. Once there I could propagate my message or
advertise some other product or service. Just wondering;. I've poured
through the U.S. Copyright and not being a lawyer, it's all Greek to me.



WHAT IS COPYRIGHT?
Copyright is a form of protection provided by the laws of the United States
(title 17, U.S. Code) to the authors of "original works of authorship,"
including literary, dramatic, musical, artistic, and certain other
intellectual works. This protection is available to both published and
unpublished works. Section 106 of the 1976 Copyright Act generally gives the
owner of copyright the exclusive right to do and to authorize others to do
the following:

· To reproduce the work in copies or phonorecords;

· To prepare derivative works based upon the work;

· To distribute copies or phonorecords of the work to the public by
sale or other transfer of ownership, or by rental, lease, or lending;

· To perform the work publicly, in the case of literary, musical,
dramatic, and choreographic works, pantomimes, and motion pictures and other
audiovisual works;

· To display the copyrighted work publicly, in the case of literary,
musical, dramatic, and choreographic works, pantomimes, and pictorial,
graphic, or sculptural works, including the individual images of a motion
picture or other audiovisual work; and

· In the case of sound recordings, to perform the work publicly by
means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of
attribution and integrity as described in section 106A of the 1976 Copyright
Act. For further information, request Circular 40, "Copyright Registration
for Works of the Visual Arts."

It is illegal for anyone to violate any of the rights provided by the
copyright law to the owner of copyright. These rights, however, are not
unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
establish limitations on these rights. In some cases, these limitations are
specified exemptions from copyright liability. One major limitation is the
doctrine of "fair use," which is given a statutory basis in section 107 of
the 1976 Copyright Act. In other instances, the limitation takes the form of
a "compulsory license" under which certain limited uses of copyrighted works
are permitted upon payment of specified royalties and compliance with
statutory conditions. For further information about the limitations of any
of these rights, consult the copyright law or write to the Copyright Office.

WHAT WORKS ARE PROTECTED?
Copyright protects "original works of authorship" that are fixed in a
tangible form of expression. The fixation need not be directly perceptible
so long as it may be communicated with the aid of a machine or device.
Copyrightable works include the following categories:

1. literary works;

2. musical works, including any accompanying words

3. dramatic works, including any accompanying music

4. pantomimes and choreographic works

5. pictorial, graphic, and sculptural works

6. motion pictures and other audiovisual works

7. sound recordings

8. architectural works

Use of the notice may be important because it informs the public that the
work is protected by copyright, identifies the copyright owner, and shows
the year of first publication. Furthermore, in the event that a work is
infringed, if a proper notice of copyright appears on the published copy or
copies to which a defendant in a copyright infringement suit had access,
then no weight shall be given to such a defendant's interposition of a
defense based on innocent infringement in mitigation of actual or statutory
damages, except as provided in section 504(c)(2) of the copyright law.
Innocent infringement occurs when the infringer did not realize that the
work was protected.

The use of the copyright notice is the responsibility of the copyright owner
and does not require advance permission from, or registration with, the
Copyright Office.

Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all the following
three elements:

1. The symbol © (the letter C in a circle), or the word "Copyright," or the
abbreviation "Copr."; and

2. The year of first publication of the work. In the case of compilations or
derivative works incorporating previously published material, the year date
of first publication of the compilation or derivative work is sufficient.
The year date may be omitted where a pictorial, graphic, or sculptural work,
with accompanying textual matter, if any, is reproduced in or on greeting
cards, postcards, stationery, jewelry, dolls, toys, or any useful article;
and

3. The name of the owner of copyright in the work, or an abbreviation by
which the name can be recognized, or a generally known alternative
designation of the owner.

Example: © 2002 John Doe

The "C in a circle" notice is used only on "visually perceptible copies."
Certain kinds of works--for example, musical, dramatic, and literary
works--may be fixed not in "copies" but by means of sound in an audio
recording. Since audio recordings such as audio tapes and phonograph disks
are "phonorecords" and not "copies," the "C in a circle" notice is not used
to indicate protection of the underlying musical, dramatic, or literary work
that is recorded.

Form of Notice for Phonorecords of Sound Recordings*
* Sound recordings are defined in the law as "works that result from the
fixation of a series of musical, spoken, or other sounds, but not including
the sounds accompanying a motion picture or other audiovisual work." Common
examples include recordings of music, drama, or lectures. A sound recording
is not the same as a phonorecord. A phonorecord is the physical object in
which works of authorship are embodied. The word "phonorecord" includes
cassette tapes, CDs, LPs, 45 r. p. m. disks, as well as other formats.

The notice for phonorecords embodying a sound recording should contain all
the following three elements:

1. The symbol (the letter P in a circle); and

2. The year of first publication of the sound recording; and

3. The name of the owner of copyright in the sound recording, or an
abbreviation by which the name can be recognized, or a generally known
alternative designation of the owner. If the producer of the sound recording
is named on the phonorecord label or container and if no other name appears
in conjunction with the notice, the producer's name shall be considered a
part of the notice.

First, I am not a lawyer. There are lawyers who specifically specialize in
copyright. It does not sound like you need one, but if you do, I know where
you can find one. I have to do licensing for my products, so have had to
read through this and work with a licensing agent. I have even done my own
licensing, which is why I find using an agent the way to go and own a music
authoring package.

Copying music from a CD to a video for your own personal use is ok (so far).
But, if you gave it to someone else, it is not. If you copy it to the web,
it is not legal without 'permission'. Don't expect to be able to call
someone and get permission either. What you need is synchronization rights,
which allow you to combine music into video, and a master license, which
allows you to republish an artist's music. Sync rights pay the song writer.
The master license pays the artist. But both are handled by the publishing
agent instead of the artist directly in almost all cases. You could even
get permission from the artist, but still not be legal as you have to go
through the publisher (it is a racket).

Here are some strategies folks try that do not resolve/absolve the copyright
and need to get licenses - These do NOT make it legal:
- Letters from the client absolving you have harm to include their songs on
a DVD.
- Buying as many copies of a CD as DVDs that will ship.
- Redoing the song as a midi (you still need sync rights for the
composition.)
- "Just ignore it as I am a small guy and they will not be looking for
me" - This works for most, but the cost of getting noticed it HUGE! I just
will not take the chance as I could loss my house, cars, etc.!

I work around any isses like this with two methods, a licensing agent and
Sonic Fire Pro (SmartSound). SFP is a pay as you go product that grants
rights to the music they sell. There are also websites for stuff like this
including Freeplaymusic and Musicbakery (SFP uses a lot of their music).
These are sometimes also called Needle Drop solutions. BTW, Freeplaymusic
allows you to use their stuff in your own personal videos (Musicbakery may
be the same). A song, Spyder, on Freeplay's site was used by Fox News in
the Sheppard Smith "G-Block" for awhile.

I also use an agent. Copycatlicensing does sync rights. She may do master
licenses, but I have not asked for that, so have not verified it. I have
not yet done a web content video license (but probably will this year), so
cannot give you an idea on cost. For DVDs, songs generally run 15 cents
each per DVD and then there is the service cost. I end up spending around
$1.50 - $2.00 per DVD for sync only (I do marching band/drum corps videos -
so I have no master license to acquire).

Check out the Copycatlicensing site as Jeni has some FAQs and even a basic
instruction guide on how to do it. But know this, she is cheap compared to
doing it yourself. Disney will talk to her, but not you. EMI charges a fee
of $500 minimum to open a sync license request for individuals! And there
are some songs that are really expensive or difficult to acquire. She has a
list of known issues to date.

For additional reading, as this is a summary, check out the Taking Care of
Business forum in the Dvinfo.net Communities. There are many discussions
about music licensing (and you can easily spot the copyright lawyer - he is
now a wrangler in the forum ) I highly recommend Dvinfo if you plan to
make video more than a hobby. There is not MM2 discussion there are most of
the tools are pro tools.

"James E Middleton" <(E-Mail Removed)> wrote in message
news:%(E-Mail Removed)...
> If I make a video in MM2 or Photo Story and use a famous song as the
> background music, is that OK? Does that fall under the 'Fair Use' clause
of
> copyright laws, as long as I use it for my own 'entertainment'? Am I in
> violation of copyright laws if I cross the line and post it on the Web? Do
I
> need permission from the copyright owner beforehand? Even if I don't make
> any money from showing it, there is some shade of gray there. It could be
> interpreted as being used as a means for personal gain. For example,
> generating traffic on my Web site. I could lure you to my site because you
> may like a particular song. Once there I could propagate my message or
> advertise some other product or service. Just wondering;. I've poured
> through the U.S. Copyright and not being a lawyer, it's all Greek to me.
>
>
>
> WHAT IS COPYRIGHT?
> Copyright is a form of protection provided by the laws of the United
States
> (title 17, U.S. Code) to the authors of "original works of authorship,"
> including literary, dramatic, musical, artistic, and certain other
> intellectual works. This protection is available to both published and
> unpublished works. Section 106 of the 1976 Copyright Act generally gives
the
> owner of copyright the exclusive right to do and to authorize others to do
> the following:
>
> · To reproduce the work in copies or phonorecords;
>
> · To prepare derivative works based upon the work;
>
> · To distribute copies or phonorecords of the work to the public
by
> sale or other transfer of ownership, or by rental, lease, or lending;
>
> · To perform the work publicly, in the case of literary, musical,
> dramatic, and choreographic works, pantomimes, and motion pictures and
other
> audiovisual works;
>
> · To display the copyrighted work publicly, in the case of
literary,
> musical, dramatic, and choreographic works, pantomimes, and pictorial,
> graphic, or sculptural works, including the individual images of a motion
> picture or other audiovisual work; and
>
> · In the case of sound recordings, to perform the work publicly by
> means of a digital audio transmission.
>
> In addition, certain authors of works of visual art have the rights of
> attribution and integrity as described in section 106A of the 1976
Copyright
> Act. For further information, request Circular 40, "Copyright Registration
> for Works of the Visual Arts."
>
> It is illegal for anyone to violate any of the rights provided by the
> copyright law to the owner of copyright. These rights, however, are not
> unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
> establish limitations on these rights. In some cases, these limitations
are
> specified exemptions from copyright liability. One major limitation is the
> doctrine of "fair use," which is given a statutory basis in section 107 of
> the 1976 Copyright Act. In other instances, the limitation takes the form
of
> a "compulsory license" under which certain limited uses of copyrighted
works
> are permitted upon payment of specified royalties and compliance with
> statutory conditions. For further information about the limitations of any
> of these rights, consult the copyright law or write to the Copyright
Office.
>
> WHAT WORKS ARE PROTECTED?
> Copyright protects "original works of authorship" that are fixed in a
> tangible form of expression. The fixation need not be directly perceptible
> so long as it may be communicated with the aid of a machine or device.
> Copyrightable works include the following categories:
>
> 1. literary works;
>
> 2. musical works, including any accompanying words
>
> 3. dramatic works, including any accompanying music
>
> 4. pantomimes and choreographic works
>
> 5. pictorial, graphic, and sculptural works
>
> 6. motion pictures and other audiovisual works
>
> 7. sound recordings
>
> 8. architectural works
>
> Use of the notice may be important because it informs the public that the
> work is protected by copyright, identifies the copyright owner, and shows
> the year of first publication. Furthermore, in the event that a work is
> infringed, if a proper notice of copyright appears on the published copy
or
> copies to which a defendant in a copyright infringement suit had access,
> then no weight shall be given to such a defendant's interposition of a
> defense based on innocent infringement in mitigation of actual or
statutory
> damages, except as provided in section 504(c)(2) of the copyright law.
> Innocent infringement occurs when the infringer did not realize that the
> work was protected.
>
> The use of the copyright notice is the responsibility of the copyright
owner
> and does not require advance permission from, or registration with, the
> Copyright Office.
>
> Form of Notice for Visually Perceptible Copies
> The notice for visually perceptible copies should contain all the
following
> three elements:
>
> 1. The symbol © (the letter C in a circle), or the word "Copyright," or
the
> abbreviation "Copr."; and
>
> 2. The year of first publication of the work. In the case of compilations
or
> derivative works incorporating previously published material, the year
date
> of first publication of the compilation or derivative work is sufficient.
> The year date may be omitted where a pictorial, graphic, or sculptural
work,
> with accompanying textual matter, if any, is reproduced in or on greeting
> cards, postcards, stationery, jewelry, dolls, toys, or any useful article;
> and
>
> 3. The name of the owner of copyright in the work, or an abbreviation by
> which the name can be recognized, or a generally known alternative
> designation of the owner.
>
> Example: © 2002 John Doe
>
> The "C in a circle" notice is used only on "visually perceptible copies."
> Certain kinds of works--for example, musical, dramatic, and literary
> works--may be fixed not in "copies" but by means of sound in an audio
> recording. Since audio recordings such as audio tapes and phonograph disks
> are "phonorecords" and not "copies," the "C in a circle" notice is not
used
> to indicate protection of the underlying musical, dramatic, or literary
work
> that is recorded.
>
> Form of Notice for Phonorecords of Sound Recordings*
> * Sound recordings are defined in the law as "works that result from the
> fixation of a series of musical, spoken, or other sounds, but not
including
> the sounds accompanying a motion picture or other audiovisual work."
Common
> examples include recordings of music, drama, or lectures. A sound
recording
> is not the same as a phonorecord. A phonorecord is the physical object in
> which works of authorship are embodied. The word "phonorecord" includes
> cassette tapes, CDs, LPs, 45 r. p. m. disks, as well as other formats.
>
> The notice for phonorecords embodying a sound recording should contain all
> the following three elements:
>
> 1. The symbol (the letter P in a circle); and
>
> 2. The year of first publication of the sound recording; and
>
> 3. The name of the owner of copyright in the sound recording, or an
> abbreviation by which the name can be recognized, or a generally known
> alternative designation of the owner. If the producer of the sound
recording
> is named on the phonorecord label or container and if no other name
appears
> in conjunction with the notice, the producer's name shall be considered a
> part of the notice.
>
>
>
>
>
>
>

I'm not a lawyer either.

If you already own the CD, then using a track as background music for a
personal video would probably be considered "fair use". It's probably not
"fair use" if you download the MP3 from some file-sharing website,
regardless of how you use it (and it's questionable if all you use the MP3
download for is to save yourself the hassle of ripping the track yourself).

Posting on the web might be OK as long as it wasn't at a publicly accessible
URL - i.e., you required a registration/login before viewing. And even
then, it should only be for your personal friends - not your thousands of
internet "friends".

Dan

"James E Middleton" <(E-Mail Removed)> wrote in message
news:%(E-Mail Removed)...
> If I make a video in MM2 or Photo Story and use a famous song as the
> background music, is that OK? Does that fall under the 'Fair Use' clause
> of copyright laws, as long as I use it for my own 'entertainment'? Am I in
> violation of copyright laws if I cross the line and post it on the Web? Do
> I need permission from the copyright owner beforehand? Even if I don't
> make any money from showing it, there is some shade of gray there. It
> could be interpreted as being used as a means for personal gain. For
> example, generating traffic on my Web site. I could lure you to my site
> because you may like a particular song. Once there I could propagate my
> message or advertise some other product or service. Just wondering;. I've
> poured through the U.S. Copyright and not being a lawyer, it's all Greek
> to me.
>
>
>
> WHAT IS COPYRIGHT?
> Copyright is a form of protection provided by the laws of the United
> States (title 17, U.S. Code) to the authors of "original works of
> authorship," including literary, dramatic, musical, artistic, and certain
> other intellectual works. This protection is available to both published
> and unpublished works. Section 106 of the 1976 Copyright Act generally
> gives the owner of copyright the exclusive right to do and to authorize
> others to do the following:
>
> · To reproduce the work in copies or phonorecords;
>
> · To prepare derivative works based upon the work;
>
> · To distribute copies or phonorecords of the work to the public
> by sale or other transfer of ownership, or by rental, lease, or lending;
>
> · To perform the work publicly, in the case of literary, musical,
> dramatic, and choreographic works, pantomimes, and motion pictures and
> other audiovisual works;
>
> · To display the copyrighted work publicly, in the case of
> literary, musical, dramatic, and choreographic works, pantomimes, and
> pictorial, graphic, or sculptural works, including the individual images
> of a motion picture or other audiovisual work; and
>
> · In the case of sound recordings, to perform the work publicly by
> means of a digital audio transmission.
>
> In addition, certain authors of works of visual art have the rights of
> attribution and integrity as described in section 106A of the 1976
> Copyright Act. For further information, request Circular 40, "Copyright
> Registration for Works of the Visual Arts."
>
> It is illegal for anyone to violate any of the rights provided by the
> copyright law to the owner of copyright. These rights, however, are not
> unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
> establish limitations on these rights. In some cases, these limitations
> are specified exemptions from copyright liability. One major limitation is
> the doctrine of "fair use," which is given a statutory basis in section
> 107 of the 1976 Copyright Act. In other instances, the limitation takes
> the form of a "compulsory license" under which certain limited uses of
> copyrighted works are permitted upon payment of specified royalties and
> compliance with statutory conditions. For further information about the
> limitations of any of these rights, consult the copyright law or write to
> the Copyright Office.
>
> WHAT WORKS ARE PROTECTED?
> Copyright protects "original works of authorship" that are fixed in a
> tangible form of expression. The fixation need not be directly perceptible
> so long as it may be communicated with the aid of a machine or device.
> Copyrightable works include the following categories:
>
> 1. literary works;
>
> 2. musical works, including any accompanying words
>
> 3. dramatic works, including any accompanying music
>
> 4. pantomimes and choreographic works
>
> 5. pictorial, graphic, and sculptural works
>
> 6. motion pictures and other audiovisual works
>
> 7. sound recordings
>
> 8. architectural works
>
> Use of the notice may be important because it informs the public that the
> work is protected by copyright, identifies the copyright owner, and shows
> the year of first publication. Furthermore, in the event that a work is
> infringed, if a proper notice of copyright appears on the published copy
> or copies to which a defendant in a copyright infringement suit had
> access, then no weight shall be given to such a defendant's interposition
> of a defense based on innocent infringement in mitigation of actual or
> statutory damages, except as provided in section 504(c)(2) of the
> copyright law. Innocent infringement occurs when the infringer did not
> realize that the work was protected.
>
> The use of the copyright notice is the responsibility of the copyright
> owner and does not require advance permission from, or registration with,
> the Copyright Office.
>
> Form of Notice for Visually Perceptible Copies
> The notice for visually perceptible copies should contain all the
> following three elements:
>
> 1. The symbol © (the letter C in a circle), or the word "Copyright," or
> the abbreviation "Copr."; and
>
> 2. The year of first publication of the work. In the case of compilations
> or derivative works incorporating previously published material, the year
> date of first publication of the compilation or derivative work is
> sufficient. The year date may be omitted where a pictorial, graphic, or
> sculptural work, with accompanying textual matter, if any, is reproduced
> in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or
> any useful article; and
>
> 3. The name of the owner of copyright in the work, or an abbreviation by
> which the name can be recognized, or a generally known alternative
> designation of the owner.
>
> Example: © 2002 John Doe
>
> The "C in a circle" notice is used only on "visually perceptible copies."
> Certain kinds of works--for example, musical, dramatic, and literary
> works--may be fixed not in "copies" but by means of sound in an audio
> recording. Since audio recordings such as audio tapes and phonograph disks
> are "phonorecords" and not "copies," the "C in a circle" notice is not
> used to indicate protection of the underlying musical, dramatic, or
> literary work that is recorded.
>
> Form of Notice for Phonorecords of Sound Recordings*
> * Sound recordings are defined in the law as "works that result from the
> fixation of a series of musical, spoken, or other sounds, but not
> including the sounds accompanying a motion picture or other audiovisual
> work." Common examples include recordings of music, drama, or lectures. A
> sound recording is not the same as a phonorecord. A phonorecord is the
> physical object in which works of authorship are embodied. The word
> "phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as
> well as other formats.
>
> The notice for phonorecords embodying a sound recording should contain all
> the following three elements:
>
> 1. The symbol (the letter P in a circle); and
>
> 2. The year of first publication of the sound recording; and
>
> 3. The name of the owner of copyright in the sound recording, or an
> abbreviation by which the name can be recognized, or a generally known
> alternative designation of the owner. If the producer of the sound
> recording is named on the phonorecord label or container and if no other
> name appears in conjunction with the notice, the producer's name shall be
> considered a part of the notice.
>
>
>
>
>
>
>

Thanks for your comprehensive responses. I now have a better idea where the
line is drawn. Perhaps there are a few experts out there that can give us
some more information as to how they've secured the rights to post clips
which contain copy written songs or clips from movies on the Internet, to be
view publicly. After all, all material gained from other sources should be
duly acknowledged and if copy rights exist they should be respected. No
value is obtained by publishing in any format other peoples work without
securing right to do so.



"J. Daniel Smith" <(E-Mail Removed)> wrote in message
news:%23MyY%(E-Mail Removed)...
> I'm not a lawyer either.
>
> If you already own the CD, then using a track as background music for a
> personal video would probably be considered "fair use". It's probably not
> "fair use" if you download the MP3 from some file-sharing website,
> regardless of how you use it (and it's questionable if all you use the MP3
> download for is to save yourself the hassle of ripping the track
> yourself).
>
> Posting on the web might be OK as long as it wasn't at a publicly
> accessible URL - i.e., you required a registration/login before viewing.
> And even then, it should only be for your personal friends - not your
> thousands of internet "friends".
>
> Dan
>
> "James E Middleton" <(E-Mail Removed)> wrote in message
> news:%(E-Mail Removed)...
>> If I make a video in MM2 or Photo Story and use a famous song as the
>> background music, is that OK? Does that fall under the 'Fair Use' clause
>> of copyright laws, as long as I use it for my own 'entertainment'? Am I
>> in violation of copyright laws if I cross the line and post it on the
>> Web? Do I need permission from the copyright owner beforehand? Even if I
>> don't make any money from showing it, there is some shade of gray there.
>> It could be interpreted as being used as a means for personal gain. For
>> example, generating traffic on my Web site. I could lure you to my site
>> because you may like a particular song. Once there I could propagate my
>> message or advertise some other product or service. Just wondering;. I've
>> poured through the U.S. Copyright and not being a lawyer, it's all Greek
>> to me.
>>
>>
>>
>> WHAT IS COPYRIGHT?
>> Copyright is a form of protection provided by the laws of the United
>> States (title 17, U.S. Code) to the authors of "original works of
>> authorship," including literary, dramatic, musical, artistic, and certain
>> other intellectual works. This protection is available to both published
>> and unpublished works. Section 106 of the 1976 Copyright Act generally
>> gives the owner of copyright the exclusive right to do and to authorize
>> others to do the following:
>>
>> · To reproduce the work in copies or phonorecords;
>>
>> · To prepare derivative works based upon the work;
>>
>> · To distribute copies or phonorecords of the work to the public
>> by sale or other transfer of ownership, or by rental, lease, or lending;
>>
>> · To perform the work publicly, in the case of literary, musical,
>> dramatic, and choreographic works, pantomimes, and motion pictures and
>> other audiovisual works;
>>
>> · To display the copyrighted work publicly, in the case of
>> literary, musical, dramatic, and choreographic works, pantomimes, and
>> pictorial, graphic, or sculptural works, including the individual images
>> of a motion picture or other audiovisual work; and
>>
>> · In the case of sound recordings, to perform the work publicly
>> by means of a digital audio transmission.
>>
>> In addition, certain authors of works of visual art have the rights of
>> attribution and integrity as described in section 106A of the 1976
>> Copyright Act. For further information, request Circular 40, "Copyright
>> Registration for Works of the Visual Arts."
>>
>> It is illegal for anyone to violate any of the rights provided by the
>> copyright law to the owner of copyright. These rights, however, are not
>> unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
>> establish limitations on these rights. In some cases, these limitations
>> are specified exemptions from copyright liability. One major limitation
>> is the doctrine of "fair use," which is given a statutory basis in
>> section 107 of the 1976 Copyright Act. In other instances, the limitation
>> takes the form of a "compulsory license" under which certain limited uses
>> of copyrighted works are permitted upon payment of specified royalties
>> and compliance with statutory conditions. For further information about
>> the limitations of any of these rights, consult the copyright law or
>> write to the Copyright Office.
>>
>> WHAT WORKS ARE PROTECTED?
>> Copyright protects "original works of authorship" that are fixed in a
>> tangible form of expression. The fixation need not be directly
>> perceptible so long as it may be communicated with the aid of a machine
>> or device. Copyrightable works include the following categories:
>>
>> 1. literary works;
>>
>> 2. musical works, including any accompanying words
>>
>> 3. dramatic works, including any accompanying music
>>
>> 4. pantomimes and choreographic works
>>
>> 5. pictorial, graphic, and sculptural works
>>
>> 6. motion pictures and other audiovisual works
>>
>> 7. sound recordings
>>
>> 8. architectural works
>>
>> Use of the notice may be important because it informs the public that the
>> work is protected by copyright, identifies the copyright owner, and shows
>> the year of first publication. Furthermore, in the event that a work is
>> infringed, if a proper notice of copyright appears on the published copy
>> or copies to which a defendant in a copyright infringement suit had
>> access, then no weight shall be given to such a defendant's interposition
>> of a defense based on innocent infringement in mitigation of actual or
>> statutory damages, except as provided in section 504(c)(2) of the
>> copyright law. Innocent infringement occurs when the infringer did not
>> realize that the work was protected.
>>
>> The use of the copyright notice is the responsibility of the copyright
>> owner and does not require advance permission from, or registration with,
>> the Copyright Office.
>>
>> Form of Notice for Visually Perceptible Copies
>> The notice for visually perceptible copies should contain all the
>> following three elements:
>>
>> 1. The symbol © (the letter C in a circle), or the word "Copyright," or
>> the abbreviation "Copr."; and
>>
>> 2. The year of first publication of the work. In the case of compilations
>> or derivative works incorporating previously published material, the year
>> date of first publication of the compilation or derivative work is
>> sufficient. The year date may be omitted where a pictorial, graphic, or
>> sculptural work, with accompanying textual matter, if any, is reproduced
>> in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or
>> any useful article; and
>>
>> 3. The name of the owner of copyright in the work, or an abbreviation by
>> which the name can be recognized, or a generally known alternative
>> designation of the owner.
>>
>> Example: © 2002 John Doe
>>
>> The "C in a circle" notice is used only on "visually perceptible copies."
>> Certain kinds of works--for example, musical, dramatic, and literary
>> works--may be fixed not in "copies" but by means of sound in an audio
>> recording. Since audio recordings such as audio tapes and phonograph
>> disks are "phonorecords" and not "copies," the "C in a circle" notice is
>> not used to indicate protection of the underlying musical, dramatic, or
>> literary work that is recorded.
>>
>> Form of Notice for Phonorecords of Sound Recordings*
>> * Sound recordings are defined in the law as "works that result from the
>> fixation of a series of musical, spoken, or other sounds, but not
>> including the sounds accompanying a motion picture or other audiovisual
>> work." Common examples include recordings of music, drama, or lectures. A
>> sound recording is not the same as a phonorecord. A phonorecord is the
>> physical object in which works of authorship are embodied. The word
>> "phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as
>> well as other formats.
>>
>> The notice for phonorecords embodying a sound recording should contain
>> all the following three elements:
>>
>> 1. The symbol (the letter P in a circle); and
>>
>> 2. The year of first publication of the sound recording; and
>>
>> 3. The name of the owner of copyright in the sound recording, or an
>> abbreviation by which the name can be recognized, or a generally known
>> alternative designation of the owner. If the producer of the sound
>> recording is named on the phonorecord label or container and if no other
>> name appears in conjunction with the notice, the producer's name shall be
>> considered a part of the notice.
>>
>>
>>
>>
>>
>>
>>
>
>

now perhaps what we need is a good reference list of public domain music....

great day today ROOT Canal! got some images of them doing it.... ( lets see
Mike Wallace do that!)

ed!

"James E Middleton" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
> Thanks for your comprehensive responses. I now have a better idea where
> the line is drawn. Perhaps there are a few experts out there that can give
> us some more information as to how they've secured the rights to post
> clips which contain copy written songs or clips from movies on the
> Internet, to be view publicly. After all, all material gained from other
> sources should be duly acknowledged and if copy rights exist they should
> be respected. No value is obtained by publishing in any format other
> peoples work without securing right to do so.
>
>
>
> "J. Daniel Smith" <(E-Mail Removed)> wrote in message
> news:%23MyY%(E-Mail Removed)...
>> I'm not a lawyer either.
>>
>> If you already own the CD, then using a track as background music for a
>> personal video would probably be considered "fair use". It's probably
>> not "fair use" if you download the MP3 from some file-sharing website,
>> regardless of how you use it (and it's questionable if all you use the
>> MP3 download for is to save yourself the hassle of ripping the track
>> yourself).
>>
>> Posting on the web might be OK as long as it wasn't at a publicly
>> accessible URL - i.e., you required a registration/login before viewing.
>> And even then, it should only be for your personal friends - not your
>> thousands of internet "friends".
>>
>> Dan
>>
>> "James E Middleton" <(E-Mail Removed)> wrote in message
>> news:%(E-Mail Removed)...
>>> If I make a video in MM2 or Photo Story and use a famous song as the
>>> background music, is that OK? Does that fall under the 'Fair Use' clause
>>> of copyright laws, as long as I use it for my own 'entertainment'? Am I
>>> in violation of copyright laws if I cross the line and post it on the
>>> Web? Do I need permission from the copyright owner beforehand? Even if I
>>> don't make any money from showing it, there is some shade of gray there.
>>> It could be interpreted as being used as a means for personal gain. For
>>> example, generating traffic on my Web site. I could lure you to my site
>>> because you may like a particular song. Once there I could propagate my
>>> message or advertise some other product or service. Just wondering;.
>>> I've poured through the U.S. Copyright and not being a lawyer, it's all
>>> Greek to me.
>>>
>>>
>>>
>>> WHAT IS COPYRIGHT?
>>> Copyright is a form of protection provided by the laws of the United
>>> States (title 17, U.S. Code) to the authors of "original works of
>>> authorship," including literary, dramatic, musical, artistic, and
>>> certain other intellectual works. This protection is available to both
>>> published and unpublished works. Section 106 of the 1976 Copyright Act
>>> generally gives the owner of copyright the exclusive right to do and to
>>> authorize others to do the following:
>>>
>>> · To reproduce the work in copies or phonorecords;
>>>
>>> · To prepare derivative works based upon the work;
>>>
>>> · To distribute copies or phonorecords of the work to the public
>>> by sale or other transfer of ownership, or by rental, lease, or lending;
>>>
>>> · To perform the work publicly, in the case of literary,
>>> musical, dramatic, and choreographic works, pantomimes, and motion
>>> pictures and other audiovisual works;
>>>
>>> · To display the copyrighted work publicly, in the case of
>>> literary, musical, dramatic, and choreographic works, pantomimes, and
>>> pictorial, graphic, or sculptural works, including the individual images
>>> of a motion picture or other audiovisual work; and
>>>
>>> · In the case of sound recordings, to perform the work publicly
>>> by means of a digital audio transmission.
>>>
>>> In addition, certain authors of works of visual art have the rights of
>>> attribution and integrity as described in section 106A of the 1976
>>> Copyright Act. For further information, request Circular 40, "Copyright
>>> Registration for Works of the Visual Arts."
>>>
>>> It is illegal for anyone to violate any of the rights provided by the
>>> copyright law to the owner of copyright. These rights, however, are not
>>> unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
>>> establish limitations on these rights. In some cases, these limitations
>>> are specified exemptions from copyright liability. One major limitation
>>> is the doctrine of "fair use," which is given a statutory basis in
>>> section 107 of the 1976 Copyright Act. In other instances, the
>>> limitation takes the form of a "compulsory license" under which certain
>>> limited uses of copyrighted works are permitted upon payment of
>>> specified royalties and compliance with statutory conditions. For
>>> further information about the limitations of any of these rights,
>>> consult the copyright law or write to the Copyright Office.
>>>
>>> WHAT WORKS ARE PROTECTED?
>>> Copyright protects "original works of authorship" that are fixed in a
>>> tangible form of expression. The fixation need not be directly
>>> perceptible so long as it may be communicated with the aid of a machine
>>> or device. Copyrightable works include the following categories:
>>>
>>> 1. literary works;
>>>
>>> 2. musical works, including any accompanying words
>>>
>>> 3. dramatic works, including any accompanying music
>>>
>>> 4. pantomimes and choreographic works
>>>
>>> 5. pictorial, graphic, and sculptural works
>>>
>>> 6. motion pictures and other audiovisual works
>>>
>>> 7. sound recordings
>>>
>>> 8. architectural works
>>>
>>> Use of the notice may be important because it informs the public that
>>> the work is protected by copyright, identifies the copyright owner, and
>>> shows the year of first publication. Furthermore, in the event that a
>>> work is infringed, if a proper notice of copyright appears on the
>>> published copy or copies to which a defendant in a copyright
>>> infringement suit had access, then no weight shall be given to such a
>>> defendant's interposition of a defense based on innocent infringement in
>>> mitigation of actual or statutory damages, except as provided in section
>>> 504(c)(2) of the copyright law. Innocent infringement occurs when the
>>> infringer did not realize that the work was protected.
>>>
>>> The use of the copyright notice is the responsibility of the copyright
>>> owner and does not require advance permission from, or registration
>>> with, the Copyright Office.
>>>
>>> Form of Notice for Visually Perceptible Copies
>>> The notice for visually perceptible copies should contain all the
>>> following three elements:
>>>
>>> 1. The symbol © (the letter C in a circle), or the word "Copyright," or
>>> the abbreviation "Copr."; and
>>>
>>> 2. The year of first publication of the work. In the case of
>>> compilations or derivative works incorporating previously published
>>> material, the year date of first publication of the compilation or
>>> derivative work is sufficient. The year date may be omitted where a
>>> pictorial, graphic, or sculptural work, with accompanying textual
>>> matter, if any, is reproduced in or on greeting cards, postcards,
>>> stationery, jewelry, dolls, toys, or any useful article; and
>>>
>>> 3. The name of the owner of copyright in the work, or an abbreviation by
>>> which the name can be recognized, or a generally known alternative
>>> designation of the owner.
>>>
>>> Example: © 2002 John Doe
>>>
>>> The "C in a circle" notice is used only on "visually perceptible
>>> copies." Certain kinds of works--for example, musical, dramatic, and
>>> literary works--may be fixed not in "copies" but by means of sound in an
>>> audio recording. Since audio recordings such as audio tapes and
>>> phonograph disks are "phonorecords" and not "copies," the "C in a
>>> circle" notice is not used to indicate protection of the underlying
>>> musical, dramatic, or literary work that is recorded.
>>>
>>> Form of Notice for Phonorecords of Sound Recordings*
>>> * Sound recordings are defined in the law as "works that result from the
>>> fixation of a series of musical, spoken, or other sounds, but not
>>> including the sounds accompanying a motion picture or other audiovisual
>>> work." Common examples include recordings of music, drama, or lectures.
>>> A sound recording is not the same as a phonorecord. A phonorecord is the
>>> physical object in which works of authorship are embodied. The word
>>> "phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as
>>> well as other formats.
>>>
>>> The notice for phonorecords embodying a sound recording should contain
>>> all the following three elements:
>>>
>>> 1. The symbol (the letter P in a circle); and
>>>
>>> 2. The year of first publication of the sound recording; and
>>>
>>> 3. The name of the owner of copyright in the sound recording, or an
>>> abbreviation by which the name can be recognized, or a generally known
>>> alternative designation of the owner. If the producer of the sound
>>> recording is named on the phonorecord label or container and if no other
>>> name appears in conjunction with the notice, the producer's name shall
>>> be considered a part of the notice.
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>
>>
>
>