Q: What are my chances with an Incidental Fair Use Defense? and how much to Defend my rights?
I'm a journalist with a Youtube channel that covers local news at Venice Beach. I did a 30-minute story on the reopening of Venice Skate park and during the story, you can hear 60 seconds of incidental music playing in the background. I received a copyright notice from the music owner. However, I believe my use of the music is covered under Fair Use (Incidental Use). I sent the following letter to the music owner. “ The filming and recording of the song as part of my news report was wholly fortuitous, entirely uncomplicated by any prior intent on my part to film that particular song. The resulting news broadcast in no manner constituted a subterfuge or cover for private or commercial exploitation. The use of the song was incidental to the overall, informative purpose of the newscast." I want to fight this and have 10K reserved for this fight. Just would like to get your thoughts on my chances and maybe find a good attorney too! I live in the Santa Monica Venice area. Thanks
A: Based on the limited set of facts, this appears to be worth looking into. We are not allowed to seek business through the Q&A. You need to look someone up in the Justia Lawyer Directory. However, I would note that I work with LA County and Ventura County.
Marcos Garciaacosta agrees with this answer
A: You should get a consultation with an attorney
But it is not clear if the business asked for compensation, how much, or anything else.
60 seconds of a song is almost a 1/3 of the whole song.
But it is only 3% of your overall story.
Maybe worth trying to negotiate and resolve this.
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.