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Can a video blogger sample your music online without paying?

On Behalf of | Feb 2, 2022 | Intellectual Property, Sports & Entertainment Law

Not that long ago, young children would happily declare that they wanted to be professional athletes or movie stars when they grew up. These days, many children want to be influencers or internet video celebrities. 

There is a massive audience of people who hang on every word uttered by online influencers, and some people have found ways to monetize a big following on social media. They receive money from the platform for every view or use their popularity to endorse products. 

The possibility of making it big online inspires many people to create unique content for a variety of different audiences. Unfortunately, not all of those creators will comply with the intellectual property rights of other creators. Can you take action if a video blogger samples your original composition or song in a video? 

Does their use of your music constitute fair use?

There are scenarios in which other creators could use your original work in their professional creation. A perfect example would be a review. If the brand for this video blogger is that they listen to and react to music, then playing snippets of your song while interspersing the music with their reactions or review could fall under the fair use doctrine

Similarly, those making a parody of your creative work could sample some of it in their content online or even largely replicate it without running afoul of the law. However, just playing your song in the background without permission or payment may be a violation of your intellectual property rights. 

Enforcing your copyright protections may require legal action against those who sample or use your music for their online creations.

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Contact us today if you have a brand to protect, or a brand beginning to build. To learn more about Thirdinline Legal LLC and how we can help you achieve your legal and financial goals, contact us online or by telephone at 312-878-6072.