I want to use Moonlight Sonata in my movie - Copyright Issues? I am shooting a movie in which there is a shot of a phone ringing. The ringtone is moonlight sonata by Beethoven. Can I download the music from youtube and use it in my movie? Will I be breaking any copyright issue because of that? Or should I compose my own music and put it?
The Moonlight Sonata itself is well out of copyright. Most countries have copyright terms equal to or less than 70 years after the author's death, 1827 in the case of Beethoven. However, particular performances of the Moonlight Sonata may be under the copyright of the performer or even the arranger. Also, downloading from Youtube is against their terms of service. Overall, using the Moonlight Sonata is fine, just make sure you find a good legal source for it.
What are our possibilities here? You could be sued for damages in Mexico, the country of origin of the copyright or any of the other signatories of the Berne Convention. You could also be charged with a criminal offence but that is less likely. how much can we get away with? Not a legal question. What you are proposing is illegal - how likely your getaway plan is to work is not for me to say. Is there any advantage on us being on México? No Is there any advantage on picking any either Dragon Ball or League of legends because of the country they are in? No Can they stop us from doing it? Yes
In general, using content provided by another who incorrectly posted it under a permissive license, such as a CC license, does not grant a valid license from the real copyright holder. That is, if A writes some code (or a song, or creates an image, or whatever else), it is protected by copyright. If B then posts it to the web, with a statement that it is released under a particular license, without having obtained permission from A, then B's &quot;release&quot; is of no value, because B had no rights to grant. If C downloads and uses this content, relying on B's license, then A could take legal action against C. C would probably be considered (in the US) an &quot;innocent infringer&quot; which reduces the minimum statutory damage amount, but does not otherwise change C's legal position. A could, if it chose, bring suit and possibly obtain a judgement including some damages. But to return to the practical case of code posted on one of the SE sites. Given the comparatively short code sections usually posted, and that they do not usually form a complete working program, and given further the stated educational purpose of SE, it is likely that in US law such a posting would constitute fair use, and in the law of other countries fall under one or another exception to copyright. That is a general conclusion, the details would matter. I have not heard of a case similar to that suggested in the question. I find it unlikely that an SE poster would post copyright-protected code without permission, that is valuable enough to be worth an infringement suit, and substantial enough and having enough effect on th market for the original to be outside the protection of fair use. Such a situatiion is, of course, possible, even if unlikely. Note that a cease-and-desist letter is not a court order, and is really only a threat of court action. its only legal effect is to put the recipient on notice, so that continued infringement is not without awareness of the copyright claim. To have legal effect the claimant must actually bring an infringement suit, which is not without cost.
A matter of terminology, what you want is not the copyright, but a license to use the copyright, presumably a non-exclusive license. You would probably need to approach a licensing department at Disney. They will ask lots of questions, and if they are open to the possibility, will quote a fee, which will, i would think, be sizable. Anyone should be able to ask, but I suspect that most requests are refused. It would probably be well to have a business plan laid out, and exactly how the images would be used in your plan. Disney can refuse any license, or offer one on whatever terms it pleases.
If you are utilizing the name of the characters just so users can rate them (by rate - I mean rank, review, critique) you should be fine. Copyrights are subject to "fair use" by the public. For purposes such as review, criticism, and comment - this is generally considered to be fair use. Is the site commercial or for-profit? That could impact the analysis, but only if you are making money flowing from the use of the actual copyrighted material(s), rather than advertising (like Adsense) or something similar (this should not suggest that those type sites cannot violate copyright, but it's part of the analysis). If it is something you are investing money into creating, you may want to get a formal legal opinion. But if the site if for fun, or hobby, you are likely fine if what's described is the only use. http://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/ This link is to a great, easy to read and understand article on fair use, what it is and what it allows. Keep in mind each case is fact intensive, however, from what you are describing this seems fine.
Yes, assuming the material was given the standard license. You would be creating a derivative work, and only the copyright owner has the right to authorize creation of a derivative work. See the copyright FAQ for general information. The owner can file a DMCA takedown notice with YouTube and they will by policy notify you of the infringement claim and unless you file a counter-notice (you legally couldn't given the facts you're asserting), they will take it down. The owner can also sue you.
&quot;Personal use only&quot; does not excuse copyright infringement under US law. The uploader does not hold copyright, and neither gives nor denies permission to copy his creation. The law does not require a copyright holder to deny permission, it requires the user to actually obtain permission. So no matter how you slice it (even as fair use) it is infringement for you to copy that video.
Under US law, the use of the converter is irrelevant. The legal situation would be the same if they were posted in MP3 format, or downloaded and played in whatever format they are posted in. The point is making and distributing copies without permission. The first question is: Is the music protected by copyright at all? If the work is old enough, there is no copyright on the composition. For example, most works of classical music will be long out of copyright. However, the recording itself can be copyrighted, even if the composition is not. In general, if recording was published before 1972, it will not be protected by US copyright. There are some other edge cases where the the recording will not be protected. See This chart for details. Assuming the recording is protected, the second question is: is the posting legal? That is, was the music posted by or with the permission of the copyright holder? If not, any download or further use would be copyright infringement, although holders are unlikely to sue individuals who download for personal use only. If the posting of a protected work was legal, the key question is, did the user have permission or some other legal basis. It is generally considered that when music (or other content) is posted to the net, there is an implied permission to download it for personal use. Alternatively and to the same effect, this might be considered in US law to be a case of fair use. But this will stop at personal use. Any making of additional copies, redistribution of such copies, or public performance of the music will require permission from the copyright holder. In the absence of such permission, it will be infringement, and the holder could sue. Permission may be granted directly, by contract, or by a permissive license. But permission in some form is required for such use to be lawful. I should add that the creation and distribution of a new (cover) version of a copyrighted song or other music may be permitted under US law by a compulsory license, known as a &quot;mechanical license&quot;. This is provided for under 17 USC 115. There is a specific procedure to follow, which involves notifying the copyright holder and paying royalties at a specified rate. Failure to follow this procedure, unless permission is obtained in some other way, means that making and distributing recordings (phonorecords) is copyright infringement.