Re: FLASH: OT : Copyrighted music

[Matt Wobensmith]

RE: copyrighted music.


As it goes, simply using copyrighted music in a piece tends not to be the

problem. If this is a high-profile site, where money is being made and

branding is happening using material that belongs to someone else, this

could be a problem.


Realistically, anyone can really do whatever they want. If you sample a

snippet of a piece of music, there is something called "fair use" and

artistic interpretation. If the sample is recognizable, it falls into the

category of the first paragraph here - beware. If you take something and

manipulate it into something new, there's little to no chance anyone will

notice or care.


For someone to object, and try to bring suit, they would have to prove

either that you stole their idea, diluted their brand (or concept) identity,

or tried to mislead the public. 


There have been many recent examples of artists borrowing, sampling,

spoofing and just interpreting others' music. For an offended party to take

legal action, there has to be a good reason for them, in terms of monetary

damages or image deprecation. If you're just a small business with a

relatively obscure site, using a sample of "Inna Gadda Da Vida" on a button

rollover, I just wouldn't worry about it. If you sample the theme song to a

Pepsi commercial, you better make your movie a spoof (there are specific

legal artistic freedoms attached to parody) and not a dead-on copycat. That

kind of stuff makes "them" mad, especially if used with content that could

bring angry customers to complain. 


The best approach is to make something unique. This avoids the whole

minefield. There are lots of sound apps and such out there to play with. I

can give suggestions if you mention what platform you're on, and what your

budget is - even if it's "no budget at all". 


Licensing (for bigger clients) is also a possibility - just be aware that

licensing a piece of music from any decent-sized record company can be

cost-prohibitive. It may or may not be worth it. If you want to ask DGC to

for a one-time license of "Smells Like Teen Spirit", you may have to sell

your home. A smaller label may be more reasonable, or even allow you to do

it for free (if they're just plain flattered). 


There are many sites that have downloadable sound clips - free, low-cost,

and otherwise - and the list below is just a tiny sample. Give them a try.


http://www.mc-des.com/corp/dev/link/sound.htm

http://www.music4flash.com

http://www.deusx.com

http://www.flashsound.com



-Matt


---------------

Matt Wobensmith

Macromedia Tech Support

Flash Team Lead


----------

>

From: Angeline Geronimo <ageronimoiscgnetwork [dot] com>

>

To: "'flasherchinwag [dot] com'" <flasherchinwag [dot] com>

>Subject: FLASH: OT : Copyrighted music

>Date: Fri, Jan 28, 2000, 9:09 AM

>


>Hello again!

>

>Am I getting through on this list at all?  I didn't get any e-mail from the

>list yesterday and today (friday).  But anyways I have an off-topic question

>here regarding copyrighted music.  My client wants to have a snip-it from a

>CD he has.  Do I contact the CD company to see if it's ok to get that snip

>it and does anyone know a web site regarding this information.

>

>Thanks,

>Angie

>

>Angeline D. Geronimo

>Web Designer

>

ageronimoiscgnetwork [dot] com

>I.S. Consulting Group, LLC

>"Bridging the Gap Between Technology and Business"

>Tel : (702) 914 - 7510

>Fax : (702) 914 - 7509

>Http://www.iscgnetwork.com

>

>

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flasher is generously supported by...

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

     flashforward2000 and The Flash Film Festival

  "The World�s Premier Flash Solutions Conference and Expo"

 March 27-29, Nob Hill Masonic Center, San Francisco, California


-Register before Feb 25 and save $200!!-- www.flashforward2000.com

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

To unsubscribe or change your list settings go to

http://www.chinwag.com/flasher or email

helpchinwag [dot] com