<p>I am not a lawyer, but as far as I know, the commercial vs non-commercial distinction doesn't matter in terms of copyright restrictions unless the music is released under a license that allows non-commercial use.  Fair use generally only applies to using a (small) portion of the song.  For example, if you had a character that is supposed to hear the song on the radio, you could play a few measures of it before starting a conversation, but you couldn't just play the whole song.</p>

<p>There can be some exceptions to this such as parody (of the song itself), but that often involves having to record your own performance of the parody version of the song.  Your best bet is still to see a lawyer to see if your use falls under fair use though as there are most likely other exceptions that I don't know about.</p>

<p>There are multiple services that will help you work out the licensing necessary for your video and it often isn't actually that expensive to do for smaller non-commercial projects, depending on the size of the expected audience.  If you search for "music for video licensing" you should get a quick set of results for some current organizations that handle it.</p>

CC BY-SA 3.0
2013-07-25T14:34:01.190Z
2013-07-25T14:34:01.190Z
AJ Henderson
<p>IANAL - but my general rule is, if someone other than myself is going to see/hear it - I have clear rights to use it. I don't use external assets unless I know they are CC with the correct attributes, public domain, or I purchased them.</p>

<p>The original movie producers paid to have that music in there, and the thought is that another movie (even non-commercial) using that music "weakens" their brand. The exception to this is if the new movie is a parody of the original.</p>

<p>Again, I'm not a lawyer... but it seems to me it would be better to be legit and fair, even if it require a bit more searching to find that "perfect" song.</p>

CC BY-SA 3.0
2013-07-25T12:25:45.413Z
2013-07-25T12:25:45.413Z
Don Nickel
<p>I did not quite understand if using copyrighted music in a video falls under the umbrella of the so called "Fair use". </p>

<p>Of course, here, I am assuming that the video is not used for commercial purposes, and it is solely produced for artistic/hobbyist purposes. </p>

<p>I am aware of the fact that royalty free music is available online. However, there are some pieces of music, mostly from movies, which are fabulous and it is a pity to not be able to use them. </p>

<p>I am therefore wondering as to what, at least in the US, is permissible and what is not for non-commercial purposes. </p>

CC BY-SA 3.0
2013-07-25T06:46:15.740Z
This is best answered by a lawyer with music industry experience. The music industry is notoriously litigious. Just because your use falls within fair use doesn't mean you won't get hit with an expensive-to-defend lawsuit.
ObscureRobot
CC BY-SA 3.0
2013-07-25T13:02:08.790Z
Related:  http://avp.stackexchange.com/a/5028/2569
JoshP
<video><music><copyright>
Fair use with copyrighted material
zzzbbx
# Fair use with copyrighted material

(Asked by: username_0 on 2013-07-25)

I did not quite understand if using copyrighted music in a video falls under the umbrella of the so called "Fair use".

Of course, here, I am assuming that the video is not used for commercial purposes, and it is solely produced for artistic/hobbyist purposes.

I am aware of the fact that royalty free music is available online. However, there are some pieces of music, mostly from movies, which are fabulous and it is a pity to not be able to use them.

I am therefore wondering as to what, at least in the US, is permissible and what is not for non-commercial purposes.

**Tags:** video, music, copyright

> **Comments:**
> **username_1**: This is best answered by a lawyer with music industry experience. The music industry is notoriously litigious. Just because your use falls within fair use doesn't mean you won't get hit with an expensive-to-defend lawsuit.  
> **username_2**: Related:  http://avp.stackexchange.com/a/5028/2569  

---

## 2 answers

### Answer by username_3 on 2013-07-25. Score: 1

I am not a lawyer, but as far as I know, the commercial vs non-commercial distinction doesn't matter in terms of copyright restrictions unless the music is released under a license that allows non-commercial use. Fair use generally only applies to using a (small) portion of the song. For example, if you had a character that is supposed to hear the song on the radio, you could play a few measures of it before starting a conversation, but you couldn't just play the whole song.

There can be some exceptions to this such as parody (of the song itself), but that often involves having to record your own performance of the parody version of the song. Your best bet is still to see a lawyer to see if your use falls under fair use though as there are most likely other exceptions that I don't know about.

There are multiple services that will help you work out the licensing necessary for your video and it often isn't actually that expensive to do for smaller non-commercial projects, depending on the size of the expected audience. If you search for "music for video licensing" you should get a quick set of results for some current organizations that handle it.


---

### Answer by username_4 on 2013-07-25. Score: 0

IANAL - but my general rule is, if someone other than myself is going to see/hear it - I have clear rights to use it. I don't use external assets unless I know they are CC with the correct attributes, public domain, or I purchased them.

The original movie producers paid to have that music in there, and the thought is that another movie (even non-commercial) using that music "weakens" their brand. The exception to this is if the new movie is a parody of the original.

Again, I'm not a lawyer... but it seems to me it would be better to be legit and fair, even if it require a bit more searching to find that "perfect" song.


---

