Any use of copyrighted material without permission is, according to U.S. copyright law, copyright infringement.
It does not matter if you use one second or the entire song, using copyrighted materials without the consent or permission of the copyright owner, constitutes copyright infringement..
There's a widespread belief that using up to 30 seconds of copyrighted music on Instagram is permissible.
This is simply not true.
According to this source, even a brief use of copyrighted material without permission can be an infringement..
What Is Fair Use? Fair use is the right to copy a portion of a copyrighted work without permission because your use is for a limited purpose, such as for educational use in a classroom or to comment upon, criticize, or parody the work being sampled..
Unfortunately, there are no fixed standards as to how much of a song you can use without infringing the song owner's copyright.
Of course, the shorter you can make the clip, the stronger your argument for fair use protection..
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports..
Let’s imagine you’re creating a training presentation for your coworkers and you want to use music within it.
In this situation, you may need to obtain a license to use the music.
There are some exceptions to copyright protection that allow uses in academic settings, such as the TEACH Act.
Signed by President George W.
Bush in 2002, the Technology,.
When you record a song, you may be creating two works that are protected by copyright:
Use a work that is already in the public domain.
Get permission from the copyright holder directly, or license the work according to the terms set by the licensing contract.
Rely on a statutory limitation or exception, such as:
If the use includes ,a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely.
That said, some courts have found use of an entire work to be fair under certain circumstances.
As the owner of your music, copyright gives you the right to make and sell copies, distribute those copies, make new works based on your work, and, with some limitations explained below, publicly perform or display the work.
When you record a song, you may be creating two works that are protected by copyright:
