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Old 10-31-2002, 08:59 AM
Charles D. Ballard Charles D. Ballard is offline
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Join Date: Aug 2002
Location: North Hollywood, CA
Posts: 632
Default Re: Legal Issues using movie samples

A few more thoughts:

Using recorded TV programs that you mush up in the background so it is no longer recognizable is abstraction. You can do that. However, if you recorded your local newscast and played it as is, even if it's just in the background, you are not within the law.

As far as "short phrases" go it's as simple as this: The phrase "here's looking at you kid." is not copyrightable, however the RECORDING of Bogie saying "Here's looking at you kid" IS copyrighted. So, if YOU say it and use it in your music, it's okay. If you sample Bogie saying it, and use it in a recognizable form without permission, you are breaking the law. However, if you sample Bogie saying it then throw it through your entire Waves bundle and end up with a strange sound that is unrecognizable from the original, you have created an abstraction and can use it.

Last, but not least, when recording actors voices, don't forget about trademarks and that whole new web of legal woes.

Will you get sued if you break copyright law? That depends on one thing: Does the copyright owner feel they can recover the cost of suing you.

-Charles
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