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Anyone know copyright law about ... ?

by Blade Runner 77
5 replies
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I know that if just a few seconds of music are used, that its sort of considered in public domain, and there's no ownership or fees need to be addressed. There's been some copyright law changes in recent years, so the concept may have changed.
I'm wondering though, if the same public domain concept applies to using just a few seconds of video or film?
Any suggestions on where I could get an answer to this?
  • Profile picture of the author CDarklock
    Originally Posted by Blade Runner 88 View Post

    I know that if just a few seconds of music are used, that its sort of considered in public domain
    It's called "fair use." "Public domain" is an entirely different concept.

    The two concepts apply equally to all forms of copyrighted material, but there is no guaranteed safe quantity of any copyrighted work. Even a fraction of a second or a portion of a frame needs to be qualified and quantified as a fair use, no matter how small it is.
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  • Profile picture of the author Bill Farnham
    Originally Posted by Blade Runner 88 View Post

    I know that if just a few seconds of music are used, that its sort of considered in public domain, and there's no ownership or fees need to be addressed.
    This 'folk lore' is completely inaccurate and can cause legal problems as you are in violation of the copyright laws if you use copyrighted material without permission.

    There is no "30 Second Rule" as this is sometimes called.

    ~Bill
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  • Profile picture of the author JMB Marketing Group
    Originally Posted by Blade Runner 88 View Post

    I know that if just a few seconds of music are used, that its sort of considered in public domain, and there's no ownership or fees need to be addressed. There's been some copyright law changes in recent years, so the concept may have changed.
    I'm wondering though, if the same public domain concept applies to using just a few seconds of video or film?
    Any suggestions on where I could get an answer to this?
    Hi Blade,

    Here's something that you may find useful:

    By far, Buyout Footage at Buyout Footage - Quickly navigate our Public Domain Films Archive Film stock footage library. is one of the hottest places to obtain film.

    There is also great film that you can use at Prelinger Archives : Free Movies : Download & Streaming : Internet Archive and also at The Library of Congress at
    Motion Picture and Television Reading Room (Motion Picture, Broadcasting and Recorded Sound Division, Library of Congress)

    At the Live Music Archive at Archive.org, which is located at Free Music : Download & Streaming : Live Music Archive : Internet Archive you can find films of live music shows.

    You can also find free footage at the UCLA Film and Television Archive which is located at UCLA Library Catalog Start

    While these are excellent sources for finding public domain films, it is important to realize that you must purchase the work from most of these sources, with the exception of the public domain works found at Archive.org. However, the fee may be well worth it depending on what you intend to do with the film that you want.

    Hope this helped.

    Cheers,

    JMB
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  • Profile picture of the author Michael Oksa
    Originally Posted by Blade Runner 88 View Post

    I know that if just a few seconds of music are used, that its sort of considered in public domain, and there's no ownership or fees need to be addressed. There's been some copyright law changes in recent years, so the concept may have changed.
    I'm wondering though, if the same public domain concept applies to using just a few seconds of video or film?
    Any suggestions on where I could get an answer to this?
    What you "know" just so happens to not be true, so I would recommend seeking help from a qualified legal professional.

    While some people may be right when they answer you here, there is absolutely no way to know who's correct and who isn't; myself included.



    All the best,
    Michael
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    "Ich bin en fuego!"
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  • Profile picture of the author jacktackett
    All responses here have been spot on and while we're not lawyers - we are experienced lay people.

    Fair Use is a section of the Copyright law that allows for critiques, reviews, parody and education - nothing more. You can't claim fair use while trying to make a buck. There is no such thing as a 30 second rule either.

    And the biggest issue with fair use is only a judge can determine it - not you as the user, or even the author/creator. its a slipper slope best to stay away from.

    Look - if you want to use some copyrighted material - just ask. Of course you might have to pay something for it so you'll need to take that cost into consideration. But maybe the author will be flattered and give you permission directly - you never know unless you ask.

    Finally, as Michael said - IANAL so best to seek competent legal advice. A lawyer should definitely be one of the members of your advisory team.

    good luck,
    --Jack
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