Basic US Copyright Law Q&A and other stuff you really need to know

[AfaraWayland]

Originally Posted by Obliterations

Wow, Thats great to know! I really appreciate you responding so quick!

I do have one more question,

What about sampling other peoples music and making loops? Is there really a 3 second rule? I've heard people say "as long as the clip is only x seconds long your ok"

Also what about sampling sounds or actors in movies? Example: Spock says "Pure Energy" and someone uses it in a song.

Disclaimer: I do not sample other peoples music to make loops.

Sampling is a whole different deal. Since the sample is a copy/usage of the
underlying song, and the original sound recording, the person sampling is hit two fold. Licensing must be sought by the person wanting to to use the sample.

Unfortunately, there is no 3 sec rule. A lot of intellectual property can be transmitted/used in 3 sec. I believe that the actual determinant is whether one can tell what the sample is, where it came from, the original owner(s) must be compensated/made aware. A half sec sample of a famous work's material may be recognizable to everyone depending on circumstance.

With movie sound performances, actor dialogs and so-forth, I am not fully aware of the necessary steps required for sample clearance. But I am willing to bet that it is necessary to pursue clearance.

There are passages in Copyright law that help determine a use's effect on the original work, using things like, "does the use affect the original's ability to sell, etc.."

So, to answer your question, the people who tout the 3 sec rule are probably the same people who tout the poor-man's registration myth.

btw, thanks Tony B,