Can you take about 5 seconds from a copyrighted song

U

Unknown_user0001

I Love YTtalk
i see other YouTubers take part of a copyrighted song and put it in their videos (5 seconds or so), they make money off it and I doubt they could buy all the rights.

I need to use the south park song Kyle's mom is a big fat b*tch (Only 5 seconds)

Would it be copyright???
 
As a royalty free music business, we get asked many questions about copyright. There are numerous people that believe they can legally use up to 30 seconds of music without any legal repercussions and without having to seek clearance or a license.
Well, sorry to be the bearer of bad news…. This is simply not true and a bit of a modern myth.
Copyright law is complex and varies in different countries. US copyright law in particular, has a fair use clause, whereas here in the UK, there is no such clause.
This fair use copyright clause is misinterpreted by many who think that using up to 30 seconds of music is legal. The fact is that any use of music needs to be cleared or licensed. Even where copyright law includes a fair use policy the legal interpretation can vary considerably.
For instance, using a 10 second music clip as an intro to your podcast would probably not be classed as fair use, whereas using a 10 second snippet to critique a piece of music may be seen as fair use in copyright law. However, never assume you are covered by fair use copyright as there is no guarantee you will be safe.
I once heard an American music lawyer say… “When your use of music gets challenged you need a defence; having a license is always your best defence. If your defence is ‘fair use’ this will probably not be sufficient to save you in court.”
She went on to say that it is not worth the risk in nearly all cases.
A good rule of thumb is that it is not OK to use any amount of copyrighted music without permission from the rights owner or a music license. If you do feel fair use applies you will need to study the fair use guidelines for the copyright policy of your jurisdiction and to be completely sure you would need a music lawyer to confirm your belief for your particular circumstance.
In my opinion, it is going to be much easier, cheaper and less stressful to get royalty free music licensesfrom a reputable company.
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Link to the page:
http://www.mediamusicnow.co.uk/blog/2009/04/18/fair-use-music-copyright/
 
Yes it is absolutely copyrighted, no matter how little you use. If you are not "transforming" the song (that's a legal term, I don't mean just modifying the audio), it is very hard to claim fair use. Only use royalty free music with a proper license in your videos.
 
ThioJoe said:
Yes it is absolutely copyrighted, no matter how little you use. If you are not "transforming" the song (that's a legal term, I don't mean just modifying the audio), it is very hard to claim fair use. Only use royalty free music with a proper license in your videos.
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Technically it's not allowed, but what happens is that when the samples are so short that YouTube's software does not always pick it up and so people get away with it. The law is not exactly cut and dry as most people think as well. There have been many battles in courts for this and some have won, and many have lost. There were cases where 2 seconds was sampled and the courts found it infringement, and then there have been cases where someone sampled up to 10-15 seconds and the courts found it to be fare use. As a rule of thumb though, i'd say don't risk it.
 
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