>From my limited knowledge of US intellectual property laws, the issues
you raise fall under "synchronization rights." When you take a song and
"synchronize" the music to a film or presentation, you need to clear
rights with an agent of the artist or whoever owns the copyright to the
song. The Harry Fox agency used to do this but it seems that they no
longer clear synchronization rights, instead they suggest that you
contact the publishers directly. More info is available below.

If you want to avoid all the hassles, you could simply limit your
artists to using music loops that are public domain. A well known
resource for Flash developers is called FlashKit.

As a caveat, one of my past clients (a non-profit community agency) once
commissioned an unknown artist to create a work for an calendar. The
commission was a modest $150. Subsequently they used the art in a poster
under the same program and the artist threatened to sue them and kicked
up a real fuss. In the end, the artist negotiated a fee of $700 for the
poster. I advise all my clients to clear and manage intellectual
properties as if they were desks, cars, or any other asset. Would you
allow your employees to drive around unlicensed in an unregistered car?
Of course not. It can end up sucking scarce resources when you expect it
least.

Harry Fox Agency
http://www.harryfox.com/public/hfaPurpose.jsp

FlashKit
http://www.flashkit.com/loops/

Kelvin Wong
University of Victoria
Victoria, British Columbia, Canada

-----Original Message-----
Subject: [DDN] Copyrights

I have tried to locate if this is legal, if it falls under fair use, or
what...but really haven't been able to navigate the US copyright laws
very well.


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