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Q: Approval to use song on website ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Approval to use song on website
Category: Arts and Entertainment > Music
Asked by: yogi320-ga
List Price: $15.00
Posted: 25 Aug 2006 18:07 PDT
Expires: 24 Sep 2006 18:07 PDT
Question ID: 759618
I would like to use an intro from a popular song on my website, but
know that I would need permission first-so as not to violate any
copyright laws.

I've been trying to find out the best way to get approval or at least
contact the recording company, copyright owner, etc. to see if it's
even feasible... Can't seem to find any contact information on the
website, etc.

The song is Bittersweet Symphony by The Verve

I need to find out contact information for the appropriate authority
for the above song.
Answer  
Subject: Re: Approval to use song on website
Answered By: journalist-ga on 25 Aug 2006 19:06 PDT
Rated:5 out of 5 stars
 
Greetings Yogi320,

To answer your question about who to contact, the rights for the song
belong to Mick Jagger and Keith Richards, and not to the original
song's actual writer, Richard Ashcroft, of The Verve.

Obviously, there is no easy contact for either of them, but a search
reveals that IMDB Pro (Internet Movie Database Pro Membership) claims
there are contacts for both for the IMDB Pro members.  To sign up for
the Pro membership, visit https://secure.imdb.com/signup/v4/?d=IMDbTab
where a free trial is offered.

But before doing that, read on.

The Wikipedia entry about how Jagger and Richards acquired the rights
http://en.wikipedia.org/wiki/Bitter_Sweet_Symphony#Song_credits

Sampling licensing at Sampling Law
http://www.superswell.com/samplelaw/licensing.html

Fair Use at Sampling Law
http://www.superswell.com/samplelaw/fairuse.html

****************************************

In Summaries of Fair Use Cases at
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.html
there is the following under "4. Music Cases".

"Fair use. A television film crew, covering an Italian festival in
Manhattan, recorded a band playing a portion of a copyrighted song
"Dove sta Zaza." The music was replayed during a news broadcast.
Important factors: Only a portion of the song was used, it was
incidental to the news event and did not result in any actual damage
to the composer or to the market for the work. ( Italian Book Corp, v.
American Broadcasting Co., 458 F. Supp. 65 (S.D. N.Y. 1978).)"

If you feel that the brief snippet of music you want to use would fall
under the above, then you might choose to simply use the snippet, and
give proper citation to the composers, as long as it's a SMALL
percentage of the original.

******************************

The actual Fair Use statute:

 107. Limitations on exclusive rights: Fair use38

Notwithstanding the provisions of sections 106 and 106A, the fair use
of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright. In determining whether
the use made of a work in any particular case is a fair use the
factors to be considered shall include ?

(1) the purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of
the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of
fair use if such finding is made upon consideration of all the above
factors.

http://www.copyright.gov/title17/92chap1.html#107

Do you make *any* revenue from the site page where you will be using
the intro? If not, then you might choose to include the intro AND to
place the following somewhere on that page referencing the snippet's
use: (In accordance with Title 17 U.S.C. Section 107, this material is
distributed without profit.)"

***************************


Should you require further clarification, please request it. Please
also note that my answer is not intended to substitute for informed
legal or other professional advice.

Best regards,
journalist-ga


SEARCH STRATEGY:

Bitter Sweet Symphony Verve composer
Bitter Sweet Symphony "written by"
Mick Jagger representation OR manager OR booking
Keith Richards representation OR manager OR booking
IMDB Pro
Copyright law fair use
Song sampling fair use
song copyright fair use
song clip copyright fair use

Clarification of Answer by journalist-ga on 25 Aug 2006 19:18 PDT
ADDENDUM: Copyright of the song reverted to ABKCO, with Jagger and
Richards listed as songwriters.

ABKCO Music, Inc.
1700 Broadway
New York, NY 10019
Contact     Iris Keitel
Telephone: (212) 399-0300
Fax: (212) 582-5090
mailto:ikeitel@abkco.com

Best regards,
journalist-ga
yogi320-ga rated this answer:5 out of 5 stars
Very well researched and thorough answer.

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