Joined: 28 Jun 2003
Location: Los Angeles Area
|Posted: Tue Dec 30, 2003 10:42 am Post subject:
| Think of this like sampling a song - if you are doing it for fun and never plan to release or make money with it - do it until the cows come home. If you plan to release this recording (and nowadays, I would include internet posting as "releasing it" just to be safe), you will want to get a master use license or just permission if a SR copyright for the movie was never registered. Chances are you will be turned down or asked to pay a fee that you probably can't afford. Or maybe not.
The part of it that ISN'T like sampling a song seems to be that the movie company that grants you a license or permission does not become a right holder of any part of your song. For example, Guns N Roses song Civil War - the copyright registration for that song makes no mention of Cool Hand Luke or the movie company as holding any copyright on the song. So, you don't give the copyright holder of the movie any ownership of the song (where as if you'd sampled a song, that song's publisher[s] are usually named as a claimant on the song that does the sampling).
Some people do go out and find obscure dialog from movies that were never copyrighted and use that. I am not recommending that you do that - besides, you would probably have to pay someone (lawyer) to make sure the clip was clear. And as far as old movies being in the public domain due to passage of time - well, any movie that has surpassed that time limit was probably a silent flick anyway.
Think of it this way - if you are getting the clip from a movie or even off of the television, SOMEBODY OWNS IT - and you need to get permission and/or pay a fee to use this clip.
"...if you hear a beeping sound, that's me trying to run over you backwards! Either that, or the dishes are done." ~ GT