Fair use can be a thorny subject when it comes to using music legally: it’s a double-edge sword. On the one hand, it’s beneficial because it provides every creator with a responsible sense of freedom. As we’ve been saying in these entries, it’s all about paying the due respects to the owner of any piece of music. On the other hand, it might be a tricky way people can use to take advantage of others’ property. For this reason, the best way to avoid falling into shady territory is to learn what exactly fair use consists of and its relation to sampling, remix, mashup, interpolation, cover songs, and beat stores: all matters based on copyright.
Fair Use: a Definition
In short, fair use is the right to copy a portion of a copyrighted work without permission. The logic is what follows: you’ll be using it for a limited purpose. Examples of these include educational use in a classroom, critical comments, criticism, and parody. More than a “law” or a saving grace, it’s an exception to copyright protection. Even more accurately, we can say it is a defense to a copyright infringement claim. The point is that it’s a restricted usage of others’ music for which you don’t have the holder’s green light.
Although it might appear simple, it isn’t. The reason is that there’s a plethora of subjectivity involved. As is the case of many legal systems, everything comes down to a case-by-case basis. In other words, it’s case-specific. Regardless, law experts suggest that there are certain factors in determining fair use. According to them, there are three main aspects to consider.
Determining Fair Use
Firstly, the court determines whether or not you stuck to the “limited” portion of this copyright exception. To put it another way, they’ll check that you didn’t take a “substantial” amount of work. Secondly, they’ll decide whether or not you transformed the material in some way. Thirdly, and probably most importantly, the court will consider whether or not you caused significant financial harm to the owner of the music you used.
You have to beware of street-myths involving this copyright exception. Following the legal logic, also remember that fair use might be associated only to the musical composition copyright— not to the sound recording one. As we’ve mentioned before, it all depends on what member of the legal system will judge your case if it comes to the court.
Conclusion
We don’t condone using music illegally. However, fair use exists for a reason: and that is that there are exceptions to the rule. You might be needing to play other people’s songs respectfully and within the specified limited time. We’re not saying that every time you sample or mashup you’ll have to face a court of law. In contrast, what we’re trying to say is that you need to be very careful with how the law operates so you and your music are safe. Fair use will only come your way if you happen to have a copyright infringement accusation—which is why we abide you to play by the book. If this occurs, make sure to prepare credible arguments (although they are inherently narrow) and contact an attorney to guide you through it.
