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I'm working on a project wherein I use a recorded song in my video for an educational institution. The following is a paraphrase of what I have received from the institutional lawyer and general counsel:

As I understand the facts, the rights to the background music are owned by someone other than the author of this video or the institution. Because it may be argued that the background music is being used for commercial purposes and it seems unrelated to any "fair use" exception, it is my opinion that the author cannot legally use that music without obtaining permission from the copyright owner or the entity that has the rights to license the material.

Furthermore, it has been suggested that if you wish to use any recorded material in a video you SHOULD attempt to contact the owner of the copyrighted material and request permission for its use. Some may say that the request will not receive a

response, but an attempt must at least be made. In the event that the song is used and you receive notification from the RIAA or a cease and desist request from the copyright owner, you should be OK so long as you stop using the video immediately.

Here an additional link that may help you locate the copyright owner:

http://www.copyright.gov/

I should also say that I am not a lawyer nor am I in anyway an expert in this area. The information above constitutes what I've been able to find on this subject (and there was not much on the internet).

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17y ago

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