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Using licensed music (not sure where to place this)
elektro at 11:42AM, Aug. 20, 2009
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I'm thinking about using some Holy Moses for my animation project, as it is based on Negligence and Holy Moses makes up a large percentage of Lizzep. However, I want to ask the band's management before I go through with this, and I'm wondering if I'd have to pay licensing fees even though this is a not-for-profit project.

(Note to mods: if this is the wrong forum to ask this, please move this topic)
last edited on July 14, 2011 12:20PM
Hawk at 3:12PM, Aug. 20, 2009
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You chose the right forum.

You don't have to pay for rights for a not-for-profit school project. If it's just an assignment you're turning it to get a grade, it's nothing to worry about. You can even use it as a demo reel for applying to jobs and not worry.

The only reasons you would need to worry are if you ever do plan to use it for a profit, or if you plan to televise it or submit it to film/animation festivals.
last edited on July 14, 2011 12:46PM
elektro at 8:59PM, Aug. 20, 2009
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Thing is: we're planning it as an online series, and I know some copyright owners are a little picky about that sort of thing. I'll have to find out more.
last edited on July 14, 2011 12:20PM
skoolmunkee at 1:43AM, Aug. 21, 2009
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But you said in the post it's a not for profit project?

The best thing to do would be to ask their label, but you'll probably just get a formletter ‘no.’

I'm guessing if the music is a significant element of what you're planning, and will be used frequently, it will draw more attention than a greater mix of songs. I'm not sure either if ‘for profit’ means only for money- there might be other definitions of profit which are used.

Hopefully you'll be able to get hold of someone who knows more about copyright and what's acceptable under fair use laws than us. :]
  IT'S OLD BATMAN
last edited on July 14, 2011 3:42PM
elektro at 7:58AM, Aug. 21, 2009
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Thing I meant was that we don't expect to make a dime off this but want to show it to the public, like on a video hosting website. I'm sure it could be covered under fair use, but I will have to see.
last edited on July 14, 2011 12:20PM
BlkKnight at 2:48PM, Aug. 21, 2009
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I happen to be writing a dissertation about universities and student copyright infringement, so the fact that you're asking is always a good thing. Here's the catch. You're not making a profit off the use of the song, but you are also posting a copy of that song on a website that users could potentially extract the song from (and your video). If it was just a school project, it would be covered under fair use because you're using the song for strictly educational purposes. However, if you plan on taking it outside of the scope of your class project fair use no longer applies so you would need permission.
That's “Dr. BlkKnight” to all of you.
last edited on July 14, 2011 11:26AM
elektro at 5:46PM, Aug. 21, 2009
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That's what I thought. I will have to contact the band's management about this, even though I know the answer would probably be no. I wouldn't even try so hard with this if it weren't for the fact that I think it wouldn't be the same without the music.
last edited on July 14, 2011 12:20PM
BlkKnight at 7:17AM, Aug. 22, 2009
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You could be surprised. Definitely beats a DMCA takedown notice.
That's “Dr. BlkKnight” to all of you.
last edited on July 14, 2011 11:26AM
BffSatan at 6:12PM, Aug. 22, 2009
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I've seen hundreds of animations on newgrounds that use copyrighted music and don't get into any legal trouble. I think you'll be fine to use the song.
last edited on July 14, 2011 11:21AM

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