It depends on a couple
of things: how you plan to use the music and whether or not the average
listener will be able to identify the samples.
Typically,
you won’t have an issue if you abide by the following:
-Only use the music for
personal use (as in you make absolutely no money)
-You are performing the
music live (as in you are not copying and selling the music).
-If you do distribute
to the public, then the average listener can’t tell what the samples are or if
your use falls under the “fair use” category.
Meeting
Fair Use Requirements:
-When making this
determination, the courts will consider the following points:
-Did the original owner
suffer financially due to your use of their samples?
-Did you totally
transform the sound to create a brand new song?
-Did you take a large
portion of the original song?
-Keep in mind, many of
these questions are subjective and it’s not a clear cut situation by any means.
When
it doubt: Ask permission. This is the absolute easiest way
to avoid any kind of litigation. Reach out the the original owner and simply
ask them if you can use a sample of their music to incorporate in your own.
Usually you will need to obtain permission from the copyright owner of the song
(publisher) and the copyright owner of the master tape (record company).
If you’d like to
discuss your situation more in depth—connect with us at ANT Lawyers. We can put
you in touch with a seasoned copyright attorney that can answer your questions
fully and offer guidance about where you should go from here. Check out our
website to learn more about our services and connect for a consultation.
It is wise to consult
the advice of a IP attorneys in Vietnam to help assist you with your trademark.
We are a legal marketplace with quality lawyers who are knowledgeable in
various areas of the law—including intellectual property rights.
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