I found a video on Taiwan Youtube that I wanted to use in a song. Actually a particular soundclip from the video. The video was a broadcast from one of the local Taiwan news channels. They were on the street following someone trying to get a comment. So I’m wondering if this material is protected by a copyright in Taiwan? If I use it in a song (and it’s sold in Taiwan) will that be copyright infringement here in Taiwan? Basically, will/can I get in trouble?
The person’s voice that I’m using from the broadcast is relatively famous. Could I get into trouble from that person for using their voice in this particular case?
Regarding the second question, I would think “no” because the person was in a public area when it was recorded, so it’s fair game. Just like how the news channel can use that clip on TV, I could use the voice for my purposes. (Yes, there’s some assumptions there…so just assume I recorded them myself)
Regarding the first question, since the person was recorded on the street, any number of people could have recorded it. There were other news channels recording the same thing. So in theory, it would be difficult to prove where exactly the sound recording came from. It could have even been me that recorded it.
One more VERY important fact: (I realize this kind of blows my whole question out of the water in the “Taiwan” context but I’m hoping you can still anwer it in both contexts) The song won’t be sold in Taiwan. The record company is in the US and I’m American. I just happen to live and work in Taiwan, but for legal purposes, everything will be done in the US. The song will be digitally distrubuted only, so TECHNICALLY it can be downloaded in Taiwan, but it would be like a foreign transaction.
OK, any thoughts on all this would be appreciated. I realize all of this probably falls into a grey area and would be difficult to say for sure. Main things I’m looking for is (A) Is it illegal (B) If it is illegal, what’s the probability of me actually getting into trouble?
Forgot to mention another reason why I think it’s OK to use. I’ve seen a number of dance music songs that featured audio clips that were obviously from a news broadcast. One recent one was a song that had many clips from George Bush mashed up saying something like “Drugs are good” or something. It wasn’t an illegal release; it was released by an indy record company. So kind of makes me think that such things are either OK or the news companies just don’t want to bother trying to prosecute.