speeches

junkiexl2000 · Post by **junkiexl2000** » Fri Jan 09, 2009 5:55 am

i've heard a lot of tracks that have used presidential speeches or MLK speeches in music. How do they go about getting them cleared? What type of speeches are usable within music. Or is there no copyright against use of public speeches?

wurliuchi · Post by **wurliuchi** » Fri Jan 09, 2009 1:19 pm

I'm fairly certain that presidential speeches are Public Domain, being that they are part of the duty of the President and his staff as Federal employees. A quick google search will probably give you the answer.

junkiexl2000 · Post by **junkiexl2000** » Fri Jan 09, 2009 4:58 pm

i spent like an hour on google searches, nothing evident came up. But thanks.

How about taking things from Youtube that arent traditional media? Content made by amatuers...is it possible to use sound/audio from youtube videos? Or would I have to contact the creator of the content.

mikehalloran · Post by **mikehalloran** » Mon Aug 24, 2009 4:25 pm

There is no Copyright on anything created by a government agency or person in official capacity. This doesn't mean you can use just anything as sometimes security laws apply - classified information is one example.

As for non-government public figures, you either need clearances from the rights holders or see if Fair Use applies to your use of a fragment (comment, criticism, non-profit education or parody). Whole speeches or even large excerpts cannot be quoted under Fair Use.

mhschmieder · Post by **mhschmieder** » Mon Aug 24, 2009 6:31 pm

Well, a similar issue has come up for the stage show that I am writing and arranging music for.

We are going to do something along the lines of Eno/Byrne's two projects that overlay field recordings of "interesting characters" on beats that we create (this is only one of over twenty musical numbers that I am busy preparing right now).

I was surprised to find out that anything anyone says in public is fair game. That would cover Presidential speeches, I think.

MIDI Life Crisis · Post by **MIDI Life Crisis** » Tue Aug 25, 2009 9:47 am

mhschmieder wrote: I was surprised to find out that anything anyone says in public is fair game.

That involves a definition of "public" versus the "right to privacy" and/or a reasonable expectation of privacy. If you're the one doing the recording "in public" you also want to be somewhat cautious about who you approach as it could also land you in the hospital. LOL! You also have to be careful about where you approach them and even how you approach them. Not all places outside of a home or business are necessarily considered "public" for the purpose of recording sound or pictures. You can still get in a heap of trouble for other reasons. For example, you may well need a permit and a business license - including insurance - to record in public - ask any filmmaker or photographer about guerilla film making or photography. You may be required to carry as much as $2 million of insurance by the local municipality. It isn't always as easy as point and shoot (or point and record).

Re: speeches - while the speech may be freely quoted the recording and the edition of the recording (including any cleanup of the audio) may well be protected.

As with all things copyright, enforcement of the © owner is the key. If no one calls you one it, you're good. I ALWAYS get a disclaimer from clients that I am simply designing their sound and contributing my original music. All other music, effects and recordings they provide or which I obtain on their behalf require clearance of use by the copyright owner. I don't require a written statement by them, but I do require that they sign my agreement. In a legal action I may well be named if they are accused, but chances are I will not be enjoined in any legal action once the agreement is brought to the attention of opposing council. Hasn't happened yet, but I still cover my bases as best I can.

Regarding government locations, not all public buildings allow recording or pictures. I was in the US Capitol recently. Snap a photo in some of the most innocuous looking places and your camera is toast and you will be escorted from the building and not always to freedom.

mikehalloran · Post by **mikehalloran** » Wed Aug 26, 2009 6:07 pm

>I was surprised to find out that anything anyone says in public is fair game. That would cover Presidential speeches, I think<

That is not correct - especially since you intend to use these excerpts in a commercial project. Fair use does not apply to commercial projects except the evening news.

Only speeches made by officials of government agencies may be used - there is no copyright on them. Martin Luther King, for example, may have been a public figure but he was never a government official - if his estate wishes to claim copyright on his speeches, that is their right.

Utterances by "public figures" who are not government officials can certainly be protected. Whether or not someone wants to protect his/her public sayings is another matter.

cowtothesky · Post by **cowtothesky** » Fri Jul 30, 2010 5:11 am

I know this is an old thread, but I just read it and found this discussion interesting. I recently finished a commercial for a client and used part of an old speech by Winston Churchill in the ad. Based on the research I did, it is public domain. However, I didn't get a legal opinion on this. The commercial won't be run nationally, only locally. So, I didn't think it would be a problem. Plus - this speech is over 50 years old.