Expert: Shannon Moore - 7/27/2009

Question
QUESTION: Hello,
      I need to know if a speech is within infringment if used by another for a different cause. My situation is I'm in a band and we want to use 6 seconds of a speech by JFK Kennedy, it is a speech about nuclear advances. Even it's only 6 seconds will we eventually get it clears by the US State or will it be allowed as it is a speech that has no copyright as far as I know.

Many thanks, Lee

ANSWER: Dear Lee,

Sounds like this may fit under the fair use doctrine:

"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. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use"

http://www.copyright.gov/fls/fl102.html -- Flyer 102, Fair Use

Hope this helps!

Warmest regards,
Shannon Moore

---------- FOLLOW-UP ----------

QUESTION: So do you think it will be fine to use it as long as we are not mis representing the quote or trying to make it out to be something it's not. Who would we contact to make sure we can use it to make sure?

thanks, lee

Answer
Dear Lee,

I'd recommend doing a search of the copyright records to see if you can find who owns it now: http://www.copyright.gov/records/ It'll be up to the owner of the copyright to decide if permission is granted or not. Good luck!

Hope this helps!

Warmest regards,
Shannon Moore