This article walks us through some of the copyright issues lurking in use of others' music. It focuses on political campaigns, but the principles hold true no matter your purpose. I especially like Attorney Elgin's heading, "Materials that You Did Not Create Are Not Yours."
This is something we can all take to heart, regardless of which side of the alleged infringement we are on. Creators want strong protection of their works: they sweated, bled, worked, cried, and finally produced a product that is valuable to others. But in the course of creating -- say, a campaign or product commercial, a website, a radio spot, a print advertizement -- are you using the works of others? Music often has a standard license fee that, once paid, entitles the licensee to a certain number of uses. Art and words are not so simple. Mere attribution is not often enough to satisfy creators.
We should be mindful of the disconnect between the ease of cutting and pasting text or an image into a webpage or ad and the legalities of doing so. If you're not sure if you can use something, or if you think someone is using your material without permission, it may be time to consult an attorney.
Many attorneys offer a free initial consultation prior to any financial commitment to you. You probably won't get all the answers in the first 30 minutes (hey, attorneys pay bills, too) but there are often steps that you can take to mitigate your situation, whether you are an alleged infringer or an alleged victim of infringement. Copryright infringement is a federal crime and the damages can be substantial if you are found to have done it "willfully," that is, knowing it's wrong and doing it anyway.
This is something we can all take to heart, regardless of which side of the alleged infringement we are on. Creators want strong protection of their works: they sweated, bled, worked, cried, and finally produced a product that is valuable to others. But in the course of creating -- say, a campaign or product commercial, a website, a radio spot, a print advertizement -- are you using the works of others? Music often has a standard license fee that, once paid, entitles the licensee to a certain number of uses. Art and words are not so simple. Mere attribution is not often enough to satisfy creators.
We should be mindful of the disconnect between the ease of cutting and pasting text or an image into a webpage or ad and the legalities of doing so. If you're not sure if you can use something, or if you think someone is using your material without permission, it may be time to consult an attorney.
Many attorneys offer a free initial consultation prior to any financial commitment to you. You probably won't get all the answers in the first 30 minutes (hey, attorneys pay bills, too) but there are often steps that you can take to mitigate your situation, whether you are an alleged infringer or an alleged victim of infringement. Copryright infringement is a federal crime and the damages can be substantial if you are found to have done it "willfully," that is, knowing it's wrong and doing it anyway.
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