Pleasantville, NJ asked in Copyright and Communications Law for New Jersey

Q: Is background music copyrighted if Video live feeding a parade to a YouTube channel?

I plan on Live feeding the Mummers Day Parade in Pennsylvania to my Youtube channel. The marching bands play music and there is other background music in the parade. Would those music sources be considered "fair use" for News Reporting of the event?

My channel is mostly outdoor adventures, Product Reviews, and showing people safe and fun places to go.

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1 Lawyer Answer
Leonard R. Boyer
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  • Clifton, NJ
  • Licensed in New Jersey

A: This is not a simple question and it may not be cost-effective to retain counsel. But you need to play it safe and make sure you have written consent to record. Fair use is a complex issue. Your channel is for profit, and unless you have the proper corporate entity for your YouTube channel, you could be held personally liable for what you broadcast on your channel. You are not protected by Section 230 of the Communications Decency Act. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

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