Creative Commons Question?

Question

I make short movies for Youtube. I found a song I want to use in one of my movies. The song is on archive.org. On the site it says that the song is under "Attribution-Noncommercial-No Derivative Works 3.0 United States". http://creativecommons.org/licenses/by-nc-nd/3.0/us/

According to this I can use the song. But I can't use it commercially, and I have to give credit. (Both things I can do.) It also says: "No Derivative Works. You may not alter, transform, or build upon this work."

In my short movie I was only going to use the song for part of it. Does this mean that I can't only use part of the song?

Answer 1

Using the song in a movie would be building upon it, and therefore the licence wouldn't allow you to do that.

However you might still use part of it within the usual exceptions to copyright infringement allowed by local law - probably elements of fair use, or using less than a substantial part.

You could also try to get in touch with the copyright holder and seek their permission to use it.