_{As reported by our very own film monkey ^ElectrikPinkPirate}

That's right boys and girls. "Happy Birthday" is a copyrighted song. AOL/Time-Warner owns it, bringing in about $2million in royalty payments every year, and they will continue to use and make some serious cash off this until the year 2030. Why do you think that annoying restaurant-esque 'happy-happy-birthday!' yada is more prevalent in films (and in actual restaurants) than the traditional melody we all sing at parties? Unless you have $10,000USD to fork over, you will not be using this song anytime soon.

"Happy Birthday" is something not many people are aware of being under copyright, but ignorance is not an excuse. I've been seeing a lot of music-related mistakes in the film submissions lately- copyrighted music as the 'scores' or 'soundtracks' for films people are submitting.

Look guys, something that you downloaded for free (or even if you paid to download it) does not mean you have the right to utilize it. The only time you can use some music/sound FX, etc. you "found" or what have you (even if you 'recorded' it yourself from a CD you bought) is when the items in question are Royalty Free. "Free Download" does not mean "Royalty Free". Please don't confuse those two. Ignorance won't excuse years in jail and heavy fines, and depending on what you use and what company owns it, this can be VERY serious business.

Music copyright is tricky, and there are cases made on 'fair use' and the like that allow a tune like "happy birthday" to be sung in public without royalties paid. But for dA films, and films in general, please use discretion. I'm no lawyer, but here's an idiot's base-base-base guide to music copyright anyway that anyone can follow- and hopefully will inform enough people on here in that they'll quit submitting films with copyrighted music that eventually must be taken down This isn't youtube, and especially when you use a highly-recognizable song, who are you trying to fool?

Here's something that might prove of major use to you: FAQ #852: Where can I find music for my films? Some of these you will notice that you do, indeed, have to pay for them. But here's the difference where you can utilize these and not the songs you pay to download. The reason you are paying for a huge-ass archive is because these people took the time and energy to put that archive together. What you're technically paying for is their labor. Of course you could spend hours yourself hunting down 100% royalty-free trustworthy audio, but most people will agree that it's generally easier to buy a giant library for a little fee, and then you can use it to your heart's content There's a lot of links located in that faq, so check them out for what works for you


Here's some super-basic easy-to-follow information that will keep you safe and your films from having to be deleted There is more in-depth easily-located information at ^deviantartfilm, and you can also check out Copyright.com for more info.

Do not use copyrighted music you do not own. That includes singing it or using the melody without the words. Ever seen that Simpsons episode where Grandpa Simpson is constantly being hassled by random lawyers for singing/performing copyrighted bits? Sad truth is that that's really the law.

Oh, so you don't want to use music you don't own? Good for you! Wait, you're using dialogue from a film you don't own? Yeah, that's not allowed either (FYI for any movies/films/documentaries you ever want to use a clip from another film in, you have to get written permission from every single person in that scene before you can. Crazy eh? Well that's hollywood!)

Oh cool! Your film doesn't have any stolen music or the intellectual property of others! Right on! Wait...I recognize that sound effect....Not allowed. (Lifting sound effects-- explosions, car racing, animals growls, the odd sounds, etc. are not allowed. If you have ever noticed certain sound effects throughout completely non-related films, and thus thought it was okay for you to use it as well, that would be wrong. Film studios have archives of effects that directors are often given leave to use as it's studio property. Don't make such a simple mistake).

You might think that you can get away with something, but remember, the dA Film staff are all film-people. We watch a LOT of films. We study it. We obsess. We create. And we definitely recognize when something is not your own. Do us all a favor, and if you see something that has stuff in it that it shouldn't, report it to us! Seriously, myself especially, we love dA and watch the films uploaded here. And if you think you can sneak copyright stuff in for your credits or at the end, hoping we won't catch it, I'll warn you now, we will I personally watch films from beginning to end Please keep it original! We don't like art theft, right? This is the same thing, only it's film

And here for your pleasure is some super-basic info to help you figure out if something is in the public domain or not.

In 1790, copyright was only 14yrs (and copyright stayed that way for over 100yrs). So if you created something in 1869 or what have you, it no longer belonged to you by 1883. However (and as follows with current copyright law) if your copyright dripped over into the next copyright update, then the newest laws applied.

In 1909, it was 28yrs plus a 28yr renewal only if the copyright owner applied for the renewal.

In 1976, the law changed in that the copyright was for as long as the owner lived, plus another 50yrs after death (the estate/heirs/family members of the deceased copyright owner retained the right for 50 more years).

In 1998 it was changed to life of creator plus 70yrs after death (you can all thank Disney's heavy lobbying of congress for that...Guess what furry theme-park rodent's copyright was almost up? Steamboat Willie ring any bells? ).


On that note, seriously guys, don't ever fuck with Disney. It doesn't matter how small you are- one person from a town of 30 people that's not even on the map, or a larger, secret company- but if you ever utilize their characters/music/etc. for anything without express permission or authorization, they come at you with the full force of god. No joke. They know their copyrights won't last forever, and for the time they own it they want every penny they can get out of their creations. So really, NEVER use their characters, music owned by them, or any other logos or anything.

Once copyright is up on, frankly, anything, it goes into the public domain and cannot ever be copyrighted again. You can re-sell, reproduce, etc. anything in the public domain (if i'm at all mistaken- and i don't think i am- please correct me ^___^). The reason is for the betterment of society (say for instance, some researcher finds the cure to cancer, but he refuses to share the knowledge of his copyrighted information with others. That's perfectly within his right to keep that info to himself. But upon his death and copyright expiration, guess what? We have a cancer cure in the public knowledge now!)

For people looking for recognizable "free" music for their films and the like, you might want to take this route:

There are LOADS of classical music scores out there originating from hundreds of years ago. Beethoven and Mozart, Chopin, etc. If you play these scores yourself, you can copyright your playing of it. That recording you have done of a public domain song is under your copyright under US Copyright law (as is my understanding. Again, correct me if i'm wrong). Think of it in simple terms:

You and The Philharmonic Orchestra can both play the scores of The Barber of Seville or what have you. However, if you decide to use their playing and recording of it, you can be held liable for copyright infringement and punished under the law. If you play it yourself with your own two hands, you're fine. Keep that in mind. Granted these are the most base of guidelines for the most uneducated individual on the subject. I think it's safe to say that a person who actually goes to lengths to try and create something themselves versus using a Queen song or something else copyrighted has a LOT more respect from me and any other filmmaker.

There are also different laws concerning work-for-hire copyright (music or sound FX you commissions from someone) where the time of copyright is different. If you're super-serious about your film, consult a lawyer! Or even a pre-law friend of yours! HAHA! There are lawyers that specifically specialize in entertainment law by itself as normal lawyers can't even get through all the nonsense to be fully immersed in it Hollywood is filled with entertainment lawyers, and most producers I have talked with have one on-hand to help them secure the rights to whatever they may be working on. And it's expensive too, people. It gets very tricky, very nuts, and you want to play it safe ^___^

If you're looking to buy the rights to using certain songs, you can consult ACSCAP or BMI. Also, let it be known that you purchase the rights to use songs based on quantities of DVDs you're going to sell and the like. Also, there are further rules and royalty payments on if you want to use a popular song (the sheet music itself) but record it with your own band or whatever (AKA performing a cover). From personal experience in the music industry, I can tell you that for some songs, you can perform a cover and include it on your CD for $85 USD for 1000CDs. After you run out of CDs, you have to re-negotiate the contract to be able to sell them again. See? Music and film copyright issues are very tricky But a little knowledge goes a long way

Check this out for some other copyright-related stuff: Dealing with online copyright violations.

And the dA Film HeadQuarters here, , has LOADS of easy-reading copyright info for you, from basic to location-based, to glossaries of film terms, contest info and film-fests, and other up-to-date fantastic resources. You can find all the copyright-specific stuff here in Resource List 2, and all this information is easily findable and easy to navigate on the sidebar of any of the dA Film Journals ^___^

Check out some of these films which do not use copyrighted material. It's not hard to be original, so why not try it? These guys did and succeeded without ripping off music, images, or sounds



^ElectrikPinkPirate out!