How to Use Copyrighted Music Clips
Music is automatically considered copyrighted as soon as it is written down or recorded under Title XVII, US Code. Only the copyright owner can legally copy, distribute, perform or create derivative works from that original piece of music. If you want to use a music clip that is protected by copyright for anything other than personal use, you must first get permission from the copyright owner. Many times, there are fees and royalties that must be paid in return for permission to use the material.
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Instructions
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Determine precisely how you will use the music clips. This is vital in defining what kind of rights you need to request. If you are sampling or using the clips as part of a presentation, you will need "master use rights." If you intend to copy and distribute the clips as a physical or digital recording, you will also need a "mechanical license." If you are using the music clips as part of a slide show, video presentation, game or any similar background music application, a "synchronization license" is required in addition to the master use rights.
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Identify the current copyright holder or publisher for the music you intend to use. Many times, this is as simple as looking for the copyright statement on the website from which you downloaded the music, or on the packaging for the recording you own. You can also search the databases maintained by ASCAP or BMI to identify the copyright owner. These databases can also help you find the addresses you will need to write to for copyright permission.
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Check the publisher website, or contact the publisher by telephone or email to determine if the copyright holder has a specific form and procedure they use for copyright permissions. If not, write a letter requesting copyright permission. Include your personal contact information as much information about the clips as possible as possible. Example:
Artist: Beyonce
Track: Single Ladies (Put a Ring on It), From the album "I Am...Sasha Fierce" originally released November 18, 2008.
Clip: 0:00-0:11 (track beginning to the line "put your hands up")
Intended use: Introduction slide show to be used by a wedding planning business for bachelorette parties.
Rights requested: Master use and synchronization license
If the publisher has their own form, this information will most likely be required, but they may request additional information as well. -
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Send the request form to the publisher. If permission is granted, you will probably be asked to pay an upfront fee for the use of the material.
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Keep track of usage for the music clips. Many times, you will be required to pay royalties for each use, and sometimes the rights are only given for limited periods of time, or limited numbers of uses.
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