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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118780
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Case: someone has used music from a mainstream hollywood

Customer Question

case: someone has used music from a mainstream hollywood film to score their own independent film, without permission.
if this person sells their independent film in stores, what will the repercussions be if the individual is discovered to be using this music without permission?
Would you advise the individual to take a risk and sell the film, or to spend a little extra to create a custom score and avoid any damaging results?
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the person has used copyrighted works without written consent, they are in violation of the copyright act, which can cost them up to $100,000 per violation, which can mean per copy of the film sold or per showing of the film, plus attorney's fees. I would suggest to the individual that before selling the film, that they get written consent and pay whatever is required, which typically is not a whole lot of money (depending on the volume of expected sales), to get the legal rights, because the copyright owner, in addition to obtaining damages can seize all of the copies of the film and prevent it from being distributed at all.