What Difference Does It Make A Film About Making Music Music Copyright Bows To Fair Use

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Music Copyright Bows To Fair Use

The music of a film is as important as the actors, writers, directors and producers. Some would say that music is more important than any other element. But choosing the right music is key. Music can make you tremble with fear; it can make your heart flutter; it can make you cry with grief. Music can lead you to the climax of a film and bring you back to its conclusion. Music can not only send a strong message, but it can turn a strong message into an explosive statement.

The use and use of music in the film sounds too good to be true. The cost of using some music in a film is so high that great music may be almost impossible. If you’re making a documentary, the price of music may seem exorbitant. Is there anything you can do to get a high-quality product on a low-quality budget? (Isn’t that the most important question in life?) Luckily for movies, there’s a little thing called Fair Use, and it could be the answer to their prayers.

Let’s go back to April 2008. The makers of the documentary Expelled: No Spy Clearance have been sued by Yoko Ono, the copyright holder of John Lennon’s works, and John Lennon’s sons for copyright infringement. Expelled is a documentary about the harsh treatment of anyone in the academic community who wants to promote the concept of intelligent design as it pertains to the creation of Earth and humans. The film also shows the position of some scholars who believe that the role of religion should be reduced or eliminated. To illustrate the role of this thought in pop culture, Ben Stein (narrator of the documentary) explains that this thought is not new and in fact “took a page from John Lennon’s playbook”. Immediately following these words, 15 seconds of John Lennon’s song “Imagine” plays the screen-printed lyric of four stock photos: “There’s no life and death and no religion.” At first glance, the makers of “Evicted” were forced to pay for 15 seconds of John Lennon’s “Imagination”. However, our office made a conclusion that it is appropriate to use this master recording. Not only did we consider this to be fair use, but we also thought it complied with the safe harbor provisions.

Ask yourself three questions to determine if this clip falls under the safe harbor provision. (1) Do you need to use this item to make a cinematic representation of the point being made at the time? (2) Did you use only as much as necessary to get your point across? (3) Will the connection between what you are using and what you are trying to convey be clear to a casual audience without further explanation? If you can honestly answer “yes” to these three questions, your use will always be fair use.

Now back to Project. A certain music video was the best proof of Ben Stein’s point, so the filmmakers needed to convey that point. They only used as much as was necessary to make their point. The point they are making will be clear to anyone watching the film without any external explanation. After careful analysis by the justices in the deliberation chambers of the Federal Court in New York, we found that we made the correct assessment of fair use.

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