Cross Plains, WI asked in Copyright for Wisconsin

Q: I would like to use a short audio sample(~2s) from a tv show in a song and am wondering who to contact to obtain permiss

(permission) The sample does not contain any soundtrack (just a clip of dialogue) and is neither a consequential part of the source work or my composition

Related Topics:
2 Lawyer Answers
Barbara Berschler
Barbara Berschler
Answered
  • Intellectual Property Lawyer
  • Rockville, MD

A: There may be a few layers of copyright rights to evaluate. If you are just using lyrics from a song, then the copyright owner of the lyrics would be one person to contact. It is not clear what you mean by a "clip of dialogue." If what you want to copy is actual sound from the TV show, you may also need to get clearance from the show's producer. In any case, it would be best to work with copyright counsel to see if there are other issues to be addressed and how best to proceed to obtain the licenses.

Evelyn Suero
Evelyn Suero
Answered
  • Intellectual Property Lawyer
  • Miami, FL

A: Sample clearance typically requires that you obtain permission from the publisher/song writers as well as the owner of the audio that you want to use (this could be the show's producers/owners). Additionally, you may also need to consider rights of publicity if the dialogue clip you are using features a well-known person(s). If your song is being used in a commercial manner, it could create the perception that the person in the clip endorses your product. I recommend you speak with a copyright attorney to determine what you need to do and to assist you with drafting/reviewing the agreement.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.