Under fair use how many seconds of a song can I use for a film project?

Question

its a 3 minute sitcom project and i found a song but i want to know how many seconds can i use

Answer 1

Depends what you're using it for. If it's part of the soundtrack and therefore a part of the completed work of art that is the film project, then I would be inclined to say 0 seconds. If the project is in itself about a piece of music, or about music in general, or culture, etc, and the portion of the song is being used to demonstrate an example, then that's a different story. I'd consult a few reference books about it. If litigation might see you lose a small fortune, perhaps take legal advice. Good luck!

Answer 2

My brother in law is a semi-professional musician, and the songs he makes often have samples (or short clips) of other songs in them.  I think I remember him telling me that after 6 or 8 seconds, he has to pay royalties to the company that owns the rights.  I do believe actually that everyone who sings "Happy Birthday" without paying for it is in copyright violation.  So the question of enforcement of these things is very loose.  I do know however that as a teacher I am able to use copyrighted videos, songs, etc (all falling under different guidelines and timelines) for a certain period of time since it's educational.  This might be your loophole if this is a project you are submitting for a grade.  As long as you're not planning on any kind of profit from this film, your options are little bit more open.  

Answer 3

Rule of thumb: if it's recognizable, then playing it could be a copyright infringement.  The single chord starting "Hard Days Night" (Beatles) was found to be recognizable and thus infringed.  Why not simply ask for a license?  They may be thrilled.