Although I'm not particularly familiar with licensing music for museums, I would like to clear a couple of things up:
1. There is no "15-second rule" for music samples. I have also heard this as the "7-second rule", "10-second rule" etc. Fair use analysis depends on the amount of material used and the nature of the use, but there are no hard and fast rules. If an enterprise is commercial in nature, a 3-second clip that is identifiable might be infringement. 2. I agree with Lois, you are better off getting a license for whatever you are doing. Given the nature of the use, a license would probably not be very expensive. BMI and ASCAP cover the licenses for most commercial musical works; otherwise, you can probably get some music from a local studio or composer. kwg Kevin W. Grierson Willcox & Savage, P.C. One Commercial Place, Ste. 1800 Norfolk, Virginia 23510 mailto:[email protected] ph: 757/628-5603 fx: 757/628-5566 http://wilsav.com >>> <[email protected]> 11/25/03 09:45PM >>> Rachel, I'm sure many of the members from museums can help you regarding the 15-second issue, but my understanding as a producer (educational video, CD-ROM, web etc.) is that it's always best to specifically clear all your media elements, unless there's absolutely no question that they are in the public domain. The fact that the Museum charges admission may be a factor, even though it's an educational institution. Music is especially tricky because it can involve publishers, composers, and artists. However, clearing the rights doesn't necessarily mean that you have to pay a lot. Unless you simply must have a specific piece, there are many reasonable "needle-drop" music libraries and hungry composers in the Bay Area who would be glad to work with you. I think music is no different than using a photograph in terms of clearances. Our attorney always advises us to keep everyone informed as to how we are using their materials, whether purchased or donated. For example, if you're using a modern piece, you don't want to have a composer's relatives report how thrilled they were to recognize the music on the audio tour if that composer doesn't know anything about the project. If that were to happen, you could end up paying a lot more later. Hope this is helpful. -- Lois McLean, Producer McLean Media [email protected] http://www.storyline.com 12489 Rough and Ready Hwy. Grass Valley, CA 95945 tel 530-271-5630 Rachel Davidman wrote: >Hello, I have recently joined this community and would love to hear back >from anyone who may have information about the following question. > > >We are working on putting together material for an audio guide, is anyone >aware of the limitations for using music that would allow us to avoid the >copyright fees. I am aware of the 15 second limitation on the web if it is >connected to marketing, but what about for an audio tour of an exhibition? >Thanks. > >Rachel > > > > --- You are currently subscribed to mcn_mcn-l as: [email protected] To unsubscribe send a blank email to [email protected] --- You are currently subscribed to mcn_mcn-l as: [email protected] To unsubscribe send a blank email to [email protected]
