Flash - Is it illegal to use copyrighted music-

[Satur1n]

-when I've paid for the music by buying the album legally, the audio file has been set to reduced quality as Flash does by default, and the .SWF file has been set to protect from importing? Surely this protects it from being redistributed and therefore breaking laws.

I'd like to make an animation of one of my characters wearing headphones, bobbing her head to a song by KoЯn which is playing through her headphones.

Totally non-profit, I might add.

 

[Violetta]

My understanding of the law is that, no, just because you bought a recording of a piece you do not have the right to reuse that recording in a new creative work. You may be covered if you only sample a small portion of the song, and then if that portion isn't from the most recognizable part of it. I'd still get a second opinion on that from someone who better knows.

Of course, I'm working on the assumption that your cartoon won't be parodying anything, and thus parody laws won't protect it.

 

[Satur1n]

My understanding of the law is that, no, just because you bought a recording of a piece you do not have the right to reuse that recording in a new creative work. You may be covered if you only sample a small portion of the song, and then if that portion isn't from the most recognizable part of it. I'd still get a second opinion on that from someone who better knows.

Of course, I'm working on the assumption that your cartoon won't be parodying anything, and thus parody laws won't protect it.

Thank you; I'll keep that in mind.

 

[Lummie]

17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

- the nature of the copyrighted work;

-the amount and substantiality of the portion used in relation to the copyrighted work as a whole;

- the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

I'm guessing that it'd be fair use as long as you don't use the full song, but I'm not sure either. What bella said is also correct, unless it's released with a creative commons license you're generally not allowed to reuse music because you bought it.

I think to be perfectly safe you'd really have to ask a lawyer or just ask for permission, doubt they'd refuse you.

 

[MistressValerie1]

Ideally, you should get permission before using anyone else's music in any work of yours. "Fair use" may be a defense if the sample is used for criticism, commentary, or parody. This is the best discussion I could find at a law site: http://www.nolo.com/legal-encyclopedia/permission-sampled-music-sample-clearance-30165.html

 

[OldSchoolTicklr]

Satur1n, have sent you a private message that will answer all your questions in deep detail 🙂