James B Posted August 31, 2015 Share Posted August 31, 2015 Hi Creating a short all CG tongue in cheek homage to 'Close Encounters' and want to use the four note theme(not actual music, just the four notes. Is this considered copyright infringement or fair use? This is a web only personal and personal promo piece. The world pf copyright is sometimes quite obtuse and wanted to get some expert advice here. Link to comment Share on other sites More sharing options...
Premium Member Tyler Purcell Posted August 31, 2015 Premium Member Share Posted August 31, 2015 For web, it doesn't matter. If you haven't noticed, most people use copyrighted music and effects on a regular basis without any issues. As long as you're not monetizing the video, you'll be fine. Link to comment Share on other sites More sharing options...
Brian Drysdale Posted September 1, 2015 Share Posted September 1, 2015 It's still a breach of copyright, It's more a matter of if the copyright holder is going to make a legal challenge. The volume on the web probally makes it difficult to enforce compared to broadcast TV, radio or the local pub, but it's still a public transmissiom. Link to comment Share on other sites More sharing options...
Mark Dunn Posted September 1, 2015 Share Posted September 1, 2015 I don't know where you are. Under English law the five (not four) notes might not be considered a 'substantial part' of the score so using them might not be an infringement. That's not to say you wouldn't need a licence and you can be sure that UA licensed it to use as Stromberg's security code in 'The Spy Who Loved Me'. Link to comment Share on other sites More sharing options...
Mark Dunn Posted September 1, 2015 Share Posted September 1, 2015 (edited) However, I used the entire disco version in a Super-8 SF film in 1978 and Columbia haven't yet come knocking on my door. Probably because only 20-odd people have ever seen it; on the internet thousands see the most obscure item. 352 people have watched my youtube video of a faulty fluorescent light, for heaven's sake. Edited September 1, 2015 by Mark Dunn Link to comment Share on other sites More sharing options...
John E Clark Posted September 1, 2015 Share Posted September 1, 2015 Hi Creating a short all CG tongue in cheek homage to 'Close Encounters' and want to use the four note theme(not actual music, just the four notes. Is this considered copyright infringement or fair use? This is a web only personal and personal promo piece. The world pf copyright is sometimes quite obtuse and wanted to get some expert advice here. If you are making a parody, then 'fair use' could come into play. Part of parody, is being able to indicate what the original material was, and that the parody is working from that. The vague term of 'transformative' is used in determining 'fair use'. So, if you play the first 2 notes 'on key' of the original, but sour the last 3 in someway such that people will recognize the original, you would most likely be in 'fair use' territory. Another recognizeable tone sequence would be G-E-C, which is the tone for the US NBC broadcast network. It is a Registered Trade Mark, and would require licensing, if the use is 'clearly' intended to refer to the NBC tone. Spielberg may have registered the "Close Encounters" sequence. As in all requests for 'legal' advice... seek the services of a professional in the area of Entertainment law... Link to comment Share on other sites More sharing options...
Brian Drysdale Posted September 1, 2015 Share Posted September 1, 2015 James B, please note that you need to use your full real name. it's one of the forum rules. You should contact Tim Tyler the site's owner to make the change, since you can't do it yourself. Link to comment Share on other sites More sharing options...
Mark Dunn Posted September 2, 2015 Share Posted September 2, 2015 If you are making a parody, then 'fair use' could come into play. Part of parody, is being able to indicate what the original material was, and that the parody is working from that. The vague term of 'transformative' is used in determining 'fair use'. So, if you play the first 2 notes 'on key' of the original, but sour the last 3 in someway such that people will recognize the original, you would most likely be in 'fair use' territory. Another recognizeable tone sequence would be G-E-C, which is the tone for the US NBC broadcast network. It is a Registered Trade Mark, and would require licensing, if the use is 'clearly' intended to refer to the NBC tone. Spielberg may have registered the "Close Encounters" sequence. As in all requests for 'legal' advice... seek the services of a professional in the area of Entertainment law... You're assuming he is referring to the US. As regards copyright the UK fair dealing exception is much narrower. Link to comment Share on other sites More sharing options...
John E Clark Posted September 4, 2015 Share Posted September 4, 2015 You're assuming he is referring to the US. As regards copyright the UK fair dealing exception is much narrower. Yes... copyrights, even with the international agreements/treaties, are still so variable that one does need to obtain local legal advice in the Entertainment/Copyright area. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now