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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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I am producing documentary film and will use popular and

Customer Question

I am producing documentary film and will use popular and folk music from the 1960s. I will have about 2 or 30 different cuts and will use anywhere form 10 to 20 seconds from the recordings.
The artist will include Bob Dylan, Peter, Paul and Mary, Pete Seeger, and others.
Can you tell me if I can use any of these pieces without violating copyright for the artists, or must I get permission? Do I need to pay a licensing fee?
Thank you,
Rose***** ***** ***@******.***
Submitted: 10 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 10 months ago.

Thank you for using JustAnswer.

First of all, if the works are copyrighted and you use them without permission (a license) then that's considered copyright infringement. It's possible that a few of the works that you'd want to use are public domain, but you shouldn't count on it. It's highly unlikely that the artists (or the record labels) have allowed these songs to enter the public domain.

You'd need to get a "synchronization license" to be able to use the works on your film without infringement. Now it's also possible that your use could constitute "fair use" meaning that you could potentially have a defense if a claim of infringement were brought against you, but again, you shouldn't count on it. Fair use should only be a fall back if initial efforts to obtain permission fall through.

You can find out more how to get a synchronization license through the Harry Fox Agency (which handles these types of licenses): https://www.harryfox.com/find_out/faq.php?open_section=esynch

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 10 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 10 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 10 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 10 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 10 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 10 months ago.

Hello?