Incorporate a film clip and music into my website as a background. What legal issues do I need to deal with?

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Incorporate a film clip and music into my website as a background. What legal issues do I need to deal with?

If I use a famous film clip as my website background, and also cut a piece of music
from the same film into the background. What legal issues do I need to deal with?
Copyright? Trademarks?

Asked on April 17, 2016 under Business Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You will certainly be violating copyright, unless the material is in the "public domain"; all film and music is copyrighted unless in the public domain. As a practical matter, only very old material (generally, more than 75 years old) is public domain. You may also be violating trademark, if the material is used as a trasemark. If you are violating copyright and/or trademark, the rights owner could sue you for monetary compensation and/or for a court order requiring you to stop your violations, since no one other the rights owner has the right to use copyrighted or trademarked material.


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