I'm part of a youth program who is currently educating students in the art of making movies and types of animation. I wanted to ask if someone can give me the full detail of the position of music being used in movies that we create that is owned or copyrighted by someone else. Do we need to ask permission from the source itself before we can use it in our movie or is it ok as long we give reference to where the music came from in or ending credits. We are a non profit organization in San Jose and a source told me as long as we don't earn money from the movies we make than its ok. Is that right or not. I would appreciate any help in this area of using copyrighted music in independant movie making.
As I understand fair use, you can use music for a classroom assignment. There are disadvantages to doing so. First and foremost is that it is bad professional practice. IMHO it is good to get students thinking right away in working the way professionals do. While the music can be used for in class purposes, without permission, it can't be posted on a web page or submitted to a festival. It's really unfortunate when a student creates wonderful work, but can't show it anywhere because they don't have permission for the music.
- Marla
But if you don't have access to a musician/s or voice over artists, what they do learn is how to time their work to a set sound file, which can be a positive in the long run.
Pat Hacker, Visit Scooter's World.
I agree that it's bad practice to let students use fair use material this way. Also, fair use means rules give you a limited amount of time to use the material. There are a number of sites out there with information on the details. The librarian at the school I teach at (at which I teach? :rolleyes: ) worked with me several years ago on an activity where the students got to be "copyright police" and determine the legality of a number of different situations.
Depending on the source of the music, sometimes it's not that hard to get permission. I just today got email back from an independent band in the Santa Cruz area saying I could use their work to score a short I'm working on. Very exciting, and it didn't take much more than the email. If I were to use Bon Jovi, things would be a bit harder to get permission for, but there's always something worth using out there that you can get access to, and when all else fails, there are some good music programs like Acid that give you room to work out more.
Cartoon Thunder
There's a little biker in all of us...
im not sure about not for profit rules but i think most any use of any copyrighted matter requires permission of the creator of the recording. you would be best off with written permissions.
the copyright disclaimers do not make an exception for charity purposes though im sure if you ask for permission you will recieve it.
If you are nonprofit and educational, I would think you are safe under the Fair Use clause. I posted a link to the guidelines over in the Cafe. There are a series of questions you ask yourself and weight your responses.
But my gut tells me you are ok. But then I am not an attorney.
Pat Hacker, Visit Scooter's World.