| Myth: |
"I can use this music for
free because I found it on the internet". |
| Fact: |
No. All music found on the internet is under
copyright, unless it specifically states otherwise. In fact,
even if it does specifically state otherwise, this statement is
probably wrong. (Meaning that the music is probably actually
under copyright even if the web site where you found it says
that it isn't).
|
| Myth: |
"I can use this music for free because the composer
is dead." |
| Fact: |
No. The copyright in a music composition lives for many years
after the composer has died. The number of years vary from
country to country, but is generally around 50-75 years from the
death of the composer. And even then, you can't just take a
recording of that music and use it as you wish, becasue there
are two copyrights in every musical recording: A copyright in
the composition, and a copyright in the recording.
The copyright in the recording never expires.
|
| Myth: |
"Nobody will care if I bend the rules, because I'm
just a small fish". |
| Fact: |
Quite the opposite. Copyright owners have in recent years specifically
targeted "small fish" companies and persons with
lawsuits, as they are keen to show a zero tolerance
policy on misuse of copyrighted music.
|
| Myth: |
"As long as I don't use more than 10 seconds, it is
legal." |
| Fact: |
No. There is no length of music use, be it
performance, copying, sampling or any other use, for which you
don't need to clear the music rights. There are rumours that say
it's okay if it's under 30 seconds, or under 7 seconds, etc. The
fact is, there is no such time limit.
|
| Myth: |
"As long as I don't make money on my project, it's
okay to use copyrighted music." |
| Fact: |
No. When you are using uncleared / copyrighted music in your
project, even if it's a free web site, a free game, a free home
video or any other project in which other people will be able to
hear the music, you need to clear the music, even though you are
not making a cent on the project. The issue here is that you
are enabling other people to hear music that they didn't
purchase. Therefore you are breaking copyright law, no
matter if your project is free or paid-for.
"But how about radio stations? They also enable
people to hear music that they didn't purchase!"
Radio stations pay an annual license fee for their rights to
broadcast music. The license they pay depends on how many people
their radio station can reach. Parts of this license fee is paid
to the music composers and publishers.
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