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Copyright claim for using a part of the work of a composer from 1800s
25-Aug-2023 (In Trademark & Copyright Law)
I am an animation student working on a short film. I used the prelude of a song in an animation. Since the composer is a music composer from the 1800's, I figured I wouldn't get a copyright claim. On uploading it to Youtube, I was informed that a music company had filed a copyright claim against it. My use of the audio track is for educational purposes only and I do not seek any monetary gain from uploading it to Youtube. I also intend to send this to a film festival. Does this lie under Fair Use? If not, whom do I contact to ask the necessary permissions for the use of this track? The audio track is 9 minutes long, which I have edited down to 90 seconds.
No sir,it doesn’t come under “Fair use doctrine”. No one can tell you who you are supposed to contact without knowing all the facts amd details of the song. If you need assistance,contact me personally then only I could help you out.
Helpful?
Adv. Dhruv Sharma
Delhi | 25+ Answers
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Please take note -
1. A fair use of any IPR for the purpose of education and teaching do not gets to voilate any IPR.
2. However if you intend to send this short movie in film festival then you are using it for your personal gain and have to seek the permission of such person to whom it belongs.
3. But there is another catch in this, since the song dates to 1800' so for your information a copyright in any product last till the time of author life and then for another 5 decades or so. So most probably that song is in public domain at present and you are not supposed to seek anyone's permission.
However your situation can be explained only when you get to present everything to an advocate by sitting across him and he knows all the facts if this case in totality.
1. A fair use of any IPR for the purpose of education and teaching do not gets to voilate any IPR.
2. However if you intend to send this short movie in film festival then you are using it for your personal gain and have to seek the permission of such person to whom it belongs.
3. But there is another catch in this, since the song dates to 1800' so for your information a copyright in any product last till the time of author life and then for another 5 decades or so. So most probably that song is in public domain at present and you are not supposed to seek anyone's permission.
However your situation can be explained only when you get to present everything to an advocate by sitting across him and he knows all the facts if this case in totality.
Helpful?
Adv. Pulkit Prakash
Delhi | 400+ Answers
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