25 Year Rule?

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25 Year Rule?

Post by JJJSWIFT »

I heard somewhere that after 25 years any music is legal to be used anywhere. Can anyone confirm or disprove that?
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RE: 25 Year Rule?

Post by Adam »

No that is not true
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RE: 25 Year Rule?

Post by OutcastJiob »

I think copyrighted work becomes public domain after 50 years after the author/artist's death, although an extension of copyright is possible sometimes. Might be wrong on that, though.
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RE: 25 Year Rule?

Post by LiegeCentrino »

I think in the states it's 50 years afetr the writer/composer's death, although in the UK I think it's 75 years after. I could be wrong but I think that's correct...
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RE: 25 Year Rule?

Post by OutcastJiob »

So basically, assume anything you want to use is copyrighted--that's the safest way.
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RE: 25 Year Rule?

Post by Grant »

still remember that after even those previous points that the performance of the music may still be covered. You may have to hire a band etc to play the track for you lol
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RE: 25 Year Rule?

Post by Epsilon »

Record yourself playing a little Mozart on the piano. You can't go wrong there! :)
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RE: 25 Year Rule?

Post by windog »

is that not copyrighted?
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RE: 25 Year Rule?

Post by OutcastJiob »

No. Mozart's work is generally considered public domain now. . . . .
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Re: RE: 25 Year Rule?

Post by Raptor »

OutcastJiob wrote:No. Mozart's work is generally considered public domain now. . . . .
Be careful of the arrangement you play LOL, even though the original score is PD, if it was an arrangement done by someone else, of Mozart's work, there may well still be a valid copyright on that arrangement...
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RE: Re: RE: 25 Year Rule?

Post by Epsilon »

Yeah, but come on... There are probably a hundred different publications of Mozart. Nobody would be able to tell! :P
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RE: Re: RE: 25 Year Rule?

Post by ZombieKrieg2005 »

In the Uk its 50 years since its written. There is a govt ruling coming in to extend it so the beatles songs etccant be used in 2015 or whatever. I think it can be longer if its a performed piece if copyright is sold etc.
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RE: Re: RE: 25 Year Rule?

Post by jcdenton »

I think it depends on the owner of the copyright, who doesn't have to be the composer (like Michael Jackson who bought a lot of Beatles songs, I doubt they will be PD in 2015)
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RE: Re: RE: 25 Year Rule?

Post by crossfire »

I gotta ask somethign here, can you use music that you bought on a CD, in a movie as long as its not for comercial purposes, i mean you're not making any money off of it so why not
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RE: Re: RE: 25 Year Rule?

Post by Clarence »

You can, for something that you'd make for yourself/friends/family. As far as putting it in Film Festivals, etc. I don't know. For putting it on local TV, you have to pay a licensing fee.
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Re: RE: Re: RE: 25 Year Rule?

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crossfire wrote:I gotta ask somethign here, can you use music that you bought on a CD, in a movie as long as its not for comercial purposes, i mean you're not making any money off of it so why not
In a word, no, when you purchase music you do have a right to rip it to MP3, make a dupe to listen to in your car etc, covered under fair use and considering to be 'media shifting' Again this is simply for personal use. As soon as you synch the music to a video, whether you make any money from that video or not, you now require a synchronization license. Now tere is a gray area concerning whether or not you can use it in a personal video, one that will se no distribution whatsoever, but even if you make copies for your friends who were actors, you are now distributing, or if you post it on the web, it is distribution, and you are definitely in violation.
The big problem of all fair use definitions, are they are a defense for your infringement. They are not an absolute right to use. Basically what this means, is it does not prevent you from being sued for your infringement, it is merely a defense you can offer incourt as to why your use should not be considered infringement.
There is no limit of using a number of seconds, or a number of copies that allows use under the law. Basically if you do not own the copyright, or have the appropriate license from the copyright holder, it is infringement to use any music in your video.
You will also need several different types of licensing - at a minimum synch and performance. Possibly broadcast also.

Now that we have the base line legal questions out of the way - in practical terms, if the video is purely a personal project, with no chance of ever being distributed, the chances of running into legal problems are pretty slim. If it may end up on the web at some point, then you are better off finding a local band with original music who is willing to give you the neccessary licenses, or to use royalty free music, or create your own track in acid or some other loop editor.
Even if you do not make any money off of your production, you can still be sued and suffer a monetary loss. The suit can ask for what would the equivalent licensing fees for that music, and that fee is basically at the discretion of the copyright owner.
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RE: Re: RE: Re: RE: 25 Year Rule?

Post by crossfire »

Too bad. Giving a copy of it to 1 or 2 friends is considered distributing (i know it technically is but im not giving it out to hundreds, or even tens)
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RE: Re: RE: Re: RE: 25 Year Rule?

Post by Caveman »

I thought it was 80 years in the UK?

I was under the impression that it was 70 years but under EU law or something we had to draw level with Germany and call it 80?

Also, remember a piece of music has @ least three copywrites on it... composer, artist, recording studio.

I just write my own lol! Saves a lot of agro
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RE: Re: RE: Re: RE: 25 Year Rule?

Post by crossfire »

i think its 100 years... i think
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RE: Re: RE: Re: RE: 25 Year Rule?

Post by Raptor »

Here is a link to the Berne convention which spells out the minimum protection afforded to copyright holders by countries which are signatory to the treaty. Countries are free to afford greater protection, ut when they sign the treaty they agree to accept it's terms as minimum. Section 7 spells out the life of the creator plus 50 years.
http://www.law.cornell.edu/treaties/berne/overview.html
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RE: Re: RE: Re: RE: 25 Year Rule?

Post by Raptor »

Here is a link to the Berne convention which spells out the minimum protection afforded to copyright holders by countries which are signatory to the treaty. Countries are free to afford greater protection, ut when they sign the treaty they agree to accept it's terms as minimum. Section 7 spells out the life of the creator plus 50 years.
http://www.law.cornell.edu/treaties/berne/overview.html
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RE: Re: RE: Re: RE: 25 Year Rule?

Post by Matt »

Disney campaigned for an extension for Mickey Mouse ... even though most of their films are rip offs of other peoples work. Basically your copyright last as long as you've got cash in the bank and a department of lawers.
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RE: Re: RE: Re: RE: 25 Year Rule?

Post by windog »

where do you apply for copyright in the UK?
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Post by britishbulldog »

doesnt copyright only apply if you play the whole song cant you just use 20 -30 seconds or so of a song and get away with it?

and if any of you guys make films which you sell what music do you use if every thing is copyrighted?
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Post by NPMAX »

I have people compose original scores first ff. Get them to sign release forms as well. With ASCAP and BMI and such it is dificult t tll what is public domain and what isn't on average if you were to use say a top 40 song it's going to cost you anywhere from $1200 on up to license it.
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