Q: Can we use sound clips from a CBS news broadcast in a song, is that considered fair use?
I play in a local band and we are in the process of recording an album. We want to use a short segment from a news broadcast in one of our songs, do we need to get permission before using it, or is it acceptable under Fair Use?
Thanks!
A:
Fair use is determined on a case-by-case basis and judged substantially on the following four factors:
1 )the purpose and character of your use
2) the nature of the copyrighted work
3) the amount and substantiality of the portion taken, and
4) the effect of the use upon the potential market
In most cases, fair use is difficult to overcome and it is always advisable to obtain a license or written permission when exploiting someone else's copyrighted work.
In this case, using a news broadcast is the copyrighted work of the Network.
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