Re: FLASH: OT(ish) Sound and the Law

[Carterspot]

> Although advice from a mailing list probably wouldn't count for much in

>  court, hehe...


You are correct, sir! However...


>  

>  I was wondering if anyone knew the law regarding the use of snippets from

>  commercial songs in NOT FOR PROFIT work.  I've got a "pro bono" project 

that

>  I will not be paid for.  The client also will not receive any income as a

>  result of the project.  Any guidelines here?


It's up to the artist (or more likely these days, the owner of the song). 

Someone may throw the old "10%" copyright law at you as a way around it, but 

that doesn't apply to entertainment for distribution -- such as Flash, CD, 

Film, etc. Better to err on the side of caution, but I can say it's 

encouraging to see the question asked, with the proliferation of copyrighted 

audio being pirated around the Net. 


Not too long ago, someone in the community told me they thought it WASN'T a 

violation to freely distibute commercial jingles (Mentos, etc). I can tell 

you, if I heard any of my jingles on their site, I'd fer sure know I hadn't 

been paid for them, and in the jingle biz pay is based almost solely on 

distribution.


If you'd like, drop me a note off list about the project and perhaps our 

company would be able to pro-bono the audio for you.


Best,

Stace

www.loopfrog.com

www.henninger.com


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