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#1 James B

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Posted 31 August 2015 - 06:01 PM

Hi

Creating a short all CG tongue in cheek homage to 'Close Encounters' and want to use the four note theme(not actual music, just the four notes.

 

Is this considered copyright infringement or fair use?

This is a web only personal and personal promo piece.

 

The world pf copyright is sometimes quite obtuse and wanted to get some expert advice here.


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#2 Tyler Purcell

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Posted 31 August 2015 - 06:14 PM

For web, it doesn't matter. If you haven't noticed, most people use copyrighted music and effects on a regular basis without any issues. 

 

As long as you're not monetizing the video, you'll be fine. 


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#3 Brian Drysdale

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Posted 01 September 2015 - 02:29 AM

It's still a breach of copyright, It's more a matter of if the copyright holder is going to make a legal challenge. The volume on the web probally makes it difficult to enforce compared to broadcast TV, radio or the local pub, but it's still a public transmissiom.


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#4 Mark Dunn

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Posted 01 September 2015 - 03:35 AM

I don't know where you are.

Under English law the five (not four) notes might not be considered a 'substantial part' of the score so using them might not be an infringement.

That's not to say you wouldn't need a licence and you can be sure that UA licensed it to use as Stromberg's security code in 'The Spy Who Loved Me'.


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#5 Mark Dunn

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Posted 01 September 2015 - 05:15 AM

However, I used the entire disco version in a Super-8 SF film in 1978 and Columbia haven't yet come knocking on my door. Probably because only 20-odd people have ever seen it; on the internet thousands see the most obscure item.

352 people have watched my youtube video of a faulty fluorescent light, for heaven's sake.


Edited by Mark Dunn, 01 September 2015 - 05:17 AM.

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#6 John E Clark

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Posted 01 September 2015 - 11:11 AM

Hi

Creating a short all CG tongue in cheek homage to 'Close Encounters' and want to use the four note theme(not actual music, just the four notes.

 

Is this considered copyright infringement or fair use?

This is a web only personal and personal promo piece.

 

The world pf copyright is sometimes quite obtuse and wanted to get some expert advice here.

 

If you are making a parody, then 'fair use' could come into play. Part of parody, is being able to indicate what the original material was, and that the parody is working from that.

 

The vague term of 'transformative' is used in determining 'fair use'.

 

So, if you play the first 2 notes 'on key' of the original, but sour the last 3 in someway such that people will recognize the original, you would most likely be in 'fair use' territory.

 

Another recognizeable tone sequence would be G-E-C, which is the tone for the US NBC broadcast network. It is a Registered Trade Mark, and would require licensing, if the use is 'clearly' intended to refer to the NBC tone.

 

Spielberg may have registered the "Close Encounters" sequence.

 

As in all requests for 'legal' advice... seek the services of a professional in the area of Entertainment law...


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#7 Brian Drysdale

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Posted 01 September 2015 - 11:46 AM

James B, please note that you need to use your full real name. it's one of the forum rules. You should contact Tim Tyler the site's owner to make the change, since you can't do it yourself.


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#8 Mark Dunn

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Posted 02 September 2015 - 02:24 PM

 

If you are making a parody, then 'fair use' could come into play. Part of parody, is being able to indicate what the original material was, and that the parody is working from that.

 

The vague term of 'transformative' is used in determining 'fair use'.

 

So, if you play the first 2 notes 'on key' of the original, but sour the last 3 in someway such that people will recognize the original, you would most likely be in 'fair use' territory.

 

Another recognizeable tone sequence would be G-E-C, which is the tone for the US NBC broadcast network. It is a Registered Trade Mark, and would require licensing, if the use is 'clearly' intended to refer to the NBC tone.

 

Spielberg may have registered the "Close Encounters" sequence.

 

As in all requests for 'legal' advice... seek the services of a professional in the area of Entertainment law...

You're assuming he is referring to the US.

As regards copyright the UK fair dealing exception is much narrower.


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#9 John E Clark

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Posted 04 September 2015 - 04:51 PM

You're assuming he is referring to the US.

As regards copyright the UK fair dealing exception is much narrower.

 

Yes... copyrights, even with the international agreements/treaties, are still so variable that one does need to obtain local legal advice in the Entertainment/Copyright area.


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