What constitutes song copyright infringement? Would the suggestion of the song, plus the first couple of bars?

Question

For example, If I was making a short film, and one of the characters suggested singing "that christmas song about decorating halls with holly" and starts off singing the first few bars, "Deck..." but that's all, does that constitute song copyright infringement? Is this considered "sampling?"

Answer 1

Here's what the US Copyright Office has to say about infringement:

"Copyright is a bundle of exclusive rights. Section 106 of the copyright law provides the owner of copyright in a work the exclusive right:

* To reproduce the work in copies;
* To prepare derivative works based upon the work;
* To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
* To perform the work publicly;
* To display the copyrighted work publicly
* In the case of sound recordings, to perform the work publicly by means of a digital audio transmission."

Hope that helps!

Answer 2

If you use a recording of the song by any artist without a license you have infringed (unless it is in the public domain) and if you use the melody and words of a song without obtaining a license from the copyright owner you have infrigned... (unless it is in the public domain... which a few old Christmas songs are)...

That's the law... but you can always contact the owners of the material and try to get a license... it will cost something but much less than a lawsuit. (Go to ASCAP or BMI to find out who owns the recording and the song)

The point is that a copyright is the "Right to copy" and it is owned by the people who created the song and the recording (there are two copyrights.. one for the recording and one for the song).
You need a license to reproduce their works and the length of the reproduction has little to do with it... Once you have established what the song is you are in infringement...

Make sense???

Answer 3

If you're talking about a copyrighted song, yes.