Copyright Question: Using Soundclips from the News OK?

Legal General Legal Matters
#1

First Question:
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?

Second Question:
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?

My thoughts:
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?

Thanks!

ADDED:

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.

#2

Fair Use You may want to read about this. Using songs or videos or clips from TV fall under the guise of fair use in the US, provided that you don’t use them over 15 secs. As for voices, you probably will have legal trouble with that as it could be interperted as the person supporting the product/project.

Take for example 50 Cents.

[quote]50 Cent has sued Taco Bell, claiming the fast-food restaurant chain is using his name without permission in advertising that asks him to call himself 99 Cent.

The rapper says in a federal lawsuit filed yesterday (July 23) that the Mexican-themed chain features him in a print ad asking him to change his name to 79 Cent, 89 Cent or 99 Cent. His real name is Curtis Jackson.

The rapper’s court papers say the ad is part of Taco Bell’s “Why Pay More?” campaign, which promotes items for under a dollar, including Cinnamon Twists for 79 cents, Crunchy Tacos for 89 cents and Bean Burritos for 99 cents. The papers say the Irvine, Calif.-based company sent a bogus letter requesting the name change to the news media but not to the rapper.[/quote]

Many artists see anything associated with themselves as a part of a “brand”.

Hope this helps.

#3

Yeah, that kind of helps. I guess it seems like it would be copyright infringement. However, given the context of where it came from, how it will be used and where it will ultimately be distributed, I suppose it would be a lot of trouble for the copyright holder to go through to sue if they ever found out. So they’d probably not even try. Although legally, they may have no recourse, given that it would be released in another country…or would they? (I’m thinking about the whole Pirate Bay torrent issue and their claim that US law doesn’t apply to them.)

I’ve been asking my contacts in the Taiwan music industry about this (producers, sound engineers, studio owners, etc…) and laughingly, the response I get is this: “This is Taiwan. Come on! Do you really think anyone cares about copyright here?”

I suppose that’s a valid point…however…

#4

[quote=“ozzo”]Second Question:
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?[/quote]

Is it Elton John screaming “Vile Pigs!” at the the Taiwanese media?
That would be a cool clip.

#5

[quote=“Josefus”][quote=“ozzo”]Second Question:
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?[/quote]

Is it Elton John screaming “Vile Pigs!” at the the Taiwanese media?
That would be a cool clip.[/quote]I imagine for something like that, it would be impossible to prove that you recorded it and not someone else, I don’t see how you could claim copyright. If one person had recorded it it would be easier to prove.

Has anyone ever done something similar to you in similar circumstances? That might give you some ideas what’s consider acceptable use.

#6

he said “relatively famous”, he didn’t say “egotistical prima-donna hasbeen that nobody cares about anymore” so it can’t be Elton John.

#7

chinadaily.com.cn/english/do … 377224.htm

[quote]ETTV cable news showed footage of John, dressed in a royal blue track suit and matching sunglasses, berating the photographers and TV crews as he cleared immigration.

The fuming star was also shown clenching his teeth and muttering expletives as he stood with his arms crossed tightly across his chest.

“Rude vile pigs,” shouted John, who was to perform in Taipei. “Do you know what that means? Rude vile pigs. That’s what all of you are.”

One of the photographers shouted back, “Why don’t you get out of Taiwan?”

John answered, “We’d love to get out of Taiwan if it’s full of people like you. Pig! Pig!”[/quote]

Bwahaha.

I like the way the photographers told him to get out of Taiwan :bravo:

#8

Paul Hardcastle didn’t get permission for the samples in “Nineteen” and got sued. Mike Oldfield also sued him because he said it sounded like Tubular Bells. Would they have bothered if it didn’t make any money?

Punjabi MC only had to sort out the legalities for “Mundian To Bach Ke” when it was getting successful, he sampled a Buster Rhymes song, which in turn sampled the Knight Rider theme. They couldn’t get to talk to anyone in the record company, so they recreated it and just paid the writer of the Knight Rider theme.

So, are you expecting to make millions of dollars?

#9

Quality tune and great use of a sample.

#10

Definitely not Elton J. Although there’s an idea for a future project. :wink:

The track won’t get big, that much I’m sure of. But it is of a comical nature, so I’ve been considering the possibility that it could go slightly ‘viral’ in Taiwan…thereby raising a few eyebrows. Of course that would be great promo…so just trying to get an idea of the ramifications of all that. If that did happen, I’m sure nobody would have actually bought the track…so no money to be made, so nobody would care. Big Fluffy Mathew prob just hit the nail on the head there.

#11

Someone has an avatar (I forget who exactly, I can’t be bothered to look) of Bush giving the finger, I assume that is all over the net, and on viral videos. I assume that was recorded by a news organization and they own the copyright. I don’t think anyone got in any trouble over that.

#12

[quote=“ozzo”]Yeah, that kind of helps. I guess it seems like it would be copyright infringement. However, given the context of where it came from, how it will be used and where it will ultimately be distributed, I suppose it would be a lot of trouble for the copyright holder to go through to sue if they ever found out. So they’d probably not even try. Although legally, they may have no recourse, given that it would be released in another country…or would they? (I’m thinking about the whole Pirate Bay torrent issue and their claim that US law doesn’t apply to them.)

I’ve been asking my contacts in the Taiwan music industry about this (producers, sound engineers, studio owners, etc…) and laughingly, the response I get is this: “This is Taiwan. Come on! Do you really think anyone cares about copyright here?”

I suppose that’s a valid point…however…[/quote]

Yeah and Enigma used a Taiwanese aborignal background song on one there songs. When the tribe heard it here they sucessfully sued.

SO you have to ask forst for legal use of others materials… probably be nice anyways and you might be given a yes.

#13

This is a real grey area. I use lots of sound bites from Taiwan TV and Radio. The problem here is because TW media is so local, if its broadcast outside TW there is nothing they can do. On channel 52 they have a daily program that uses reports from BBC World and CNN International, none of the pieces used is paid for. Same as when CNN Int uses clips from TW TV News. Also length is important. Depending on the country is can be 30 seconds or even as much as 1 to 2 mins with no copywrite, also if your using it for non-commercial.
I remember when I worked at Radio Netherlands in the early 90s and hosted The Happy Station Show, in many cases we never had to pay broadcast rights for music. The reason? If the program had aired in Holland yes, but because we broadcast on shortwave overseas it would have been to difficult. At the moment I’m hosting a weekly program I produce and syndicate myself called Media Roundup, and because I am producing the show in Taiwan, I don’t have to deal with US or EU copywrite laws and nor do the stations that pick up the program.