Is it copyright infringement to use copyrighted music as music in a TV commercial ad for my local business?

Business 2 views 3 answers
I am producing a TV commercial to possibly air on cable in order to boost business for the year. All of the commercial is produced from material recorded and edited by myself except for the orchestra music used as music background for the commercial. Is it copyright infringement to use this music, even though I am not selling, editing, or in any way claiming the music as my own. And if it is copyright infringement, can i get by on the "fair use" act, or by posting credit on the commercial to the artist?

Attorney Answers

3
Lee Berlik ·
Yes, that would be infringement. Copyright law protects the expressions of ideas. The owner of the copyright to the music you want to use in your commercial would have a valid claim for infringement if you made a "public performance" of his or her music without obtaining the owner's permission. There are exceptions, such as the "fair use" doctrine you mention, but since your purpose is to use somebody else's music to help your business make money, the exceptions would not apply. NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting all relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. This is not an attorney-client privileged communication.
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Alan Brinkmeier ·
You are looking to make money for yourself off of someone else's music so this is copyright infringement. I agree with the observations of Mr. Berlick. You should call a lawyer in your area and many will provide you a free consulation to discuss in more detail your circumstance. The phone call is a recommended way for you to explore more options you may have including whether more can be made about your position. Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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