If someone makes 15 second edits using others movie clips and songs are they violating the law. I see so many pages on all social media platforms using other people's music and videos and than they say they can use the first 30 seconds and I don't believe it to be true.
It depends on the original text of the clip. If a song or a movie ad is 1 minute, then using 30 secs, would be infringement. Also, if the clip that is used is essentially the entire lyric then there also could be an infringement claim. There are many things to be looked out when determining whether or not something is actionable infringement.
Oh the myths of copyright law! There is absolutely never any "bright-line" quantitative test of whether x number of seconds, or x%, or x number of lines of a copyright protected work is infringing or fair use. Every infringement /fair use test is determined on its own facts.
A copyright lawyer can provide informed guidance.
The foregoing is for informational purposes and does not constitute legal advice in a particular matter or the existence of an attorney-client relationship. All answers ©2017 Greg Victoroff, Inc. No further reproduction or use for any purpose.
This is surely not true as a blanket statement. There might be an instance where it is, depending on how long the whole earlier work is, how much of it was used, was the part used the "heart of the work," the effect the use has on the market for the earlier work, is the new use a parody of the earlier one, and other factors. It is a dangerous practice if a person hasn't had advice from an attorney on whether it is fair use or not. Fair use is a defense to copyright infringement, but is very fact specific for each situation.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
Many times, yes. If there is a substantial taking of copyrighted subject matter, then it is usually considered to be an infringement. You are wise not to believe the myths. Always obtain clearance from an experienced copyright attorney. The analysis is on a case by case basis.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
Generally, when you use someone else's copyrighted work without permission it could be copyright infringement. However, there are some exceptions to this rule, including parody and fair use. The amount of the original work used is a factor considered in a fair use analysis, but it is not the only factor. A consultation with an experienced copyright attorney and a little more detail should get your question answered.
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