Posted by Michael Raben at 63.204.234.5 on September 20, 2001 at 16:45:57:
In Reply to: A question for someone who knows the answer.(Vin?) posted by Jon Enge on September 19, 2001 at 23:55:04:
: I'm shooting a short on October 6th and 7th. One of the bits is to have these two white boys rapping along with a Public Enemy song. I don't intend to do anything with this short except to stick it on the internet and on my reel. Would I get pegged for this even if it's internet only?
: I don't have money to get permission to use the song and don't have the time to make something that sounds similar.
Generally speaking, the big issue when using copyrighted footage, music, images, etc. is if ANYONE will make money off of it in any conceivable form. Now, if you're putting it out there on a PERSONAL web site where you're not making money off of it IN ANY WAY, then you're probably safe. The trouble arises if you try to show the short in any venue, whether virtual or theatrical (think film festivals and the like) where someone makes money (such as at a festival, where tickets are sold).
The practical response from Public Enemy's handlers (if it comes at all) would most likely come in the form of a Cease-and-Desist order; as long as you (or your company) didn't make any money, you'd probably be fine.
Always,
Michael Raben