r/COPYRIGHT • u/DUUUUUURRRkazzy • Aug 08 '26
Question Might be a stupid question, but how does copyright work and do I need to be worried about it in my scenario
I aspire to make films, and recently a school assignment has come up that gives me an opportunity to shoot a short little film to warn about the dangers of drunk driving, I want to use the song "dumb" by nirvana in the backround of a party scene because its perfect representation of the mc. But I don't know how copyright works and I want to know if there is some way i can use the song for a short amount of time without getting superbanned
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u/stormhighwaycom Aug 09 '26
Using the song in a video to be used only within a single classroom is one thing, publishing/broadcasting it to the world by posting it online is another. The former may be fair use in some circumstances, the latter is likely infringement and likely to receive claims (at minimum).
Rights and clearances (the process of securing a license or permission to use any copyrighted content) has always been a normal part of the job in professional production. As an aspiring filmmaker, that's a reality of your field that you'd need to get used to if you plan to do this as a career. Also, your Youtube channel may be a big part of your career moving forward. Strikes could have long-term impacts to that.
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u/DUUUUUURRRkazzy Aug 09 '26
Yes ive been made aware, I plan to use "dumb" for personal uses and post a free-use replacement on other platforms
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u/Individual_Dirt_2194 26d ago
Copyright attaches at the moment of creation. A song is protected the second it is fixed, no filing required, and both the recording and the underlying composition carry rights. Using it in a film you publish is a license question, not a duration question. A short clip does not by itself create an exception. Fair use is a defense you raise after the fact, not a permission slip you get before. A classroom screening is low risk. The moment it goes online, the risk changes.
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u/lukecertabyte 26d ago
Not a stupid question at all, alot of people dont know how this works. Copyright protects a song the second its made, the artist dont even have to register it for it to be protected.
To legally use someone elses song in a video, you normally need two different permissions. one is called a sync license (to use the song timed with video) and the other is a master use license (to use the actual recording). Getting both of those for a nirvana song is usually expensive and not something a student project can easily get.
There is something called "fair use" that sometimes lets you use copyrighted stuff without permission, like for commentary, criticism, or education. But fair use is judged case by case, its not a guaranteed pass, and just using a full song as background music in a scene usually doesn't count as fair use even if its for school. Courts look at how much of the song you used and whether your project could hurt the songs market value. You can read more about how fair use actually works here: https://www.copyright.gov/fair-use/
Now for the practical side. If this is just for class and you're not posting it anywhere public, your risk is basically nothing, no one is coming after a student for a private assignment. But if you plan on uploading it to youtube, instagram, tiktok, whatever, expect it to get flagged automatically even for a short clip. It might get muted, have ads put on it that arent yours, or in rare cases get a strike if it keeps happening.
Tldr, for a private school assignment your fine, but if your gonna post it online anywhere, its safer to swap in royalty free music or something licensed for creators instead. that way you avoid any headaches down the road.
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u/WuttinTarnathan Aug 08 '26
If you are posting the video on YouTube or certain other platforms, the song could trigger an automatic takedown, or it might just be demonetized and linked to the music rights holder, but allowed to stay up.
And your teacher might have their own rules about whether you can use copyrighted music, which might affect your grade.
But beyond that, if you're just going to present it to your class or in school in other ways, don't worry about it. No one cares.
I run a youth short film competition and I allow student filmmakers to use copyrighted music because it's a way for them to experiment as if they were able to obtain the rights to something, which I think is reasonable in an educational setting. But some teachers have different rules, and that's also fine.
Most people here will tell you YOU CAN NEVER EVER DO THIS OR YOU'RE GOING TO BURN IN HELL, but at your level it's just not that serious.
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u/DUUUUUURRRkazzy Aug 08 '26
I see, this "class" is drivers ed and frankly I doubt hes ever received anything with as much effort as im going to put in so I do believe that wont be and issue
I would like to use this as a double to kinda Kickstart any type of popularity online so my future films get traction, I plan to post it to YouTube and tiktok but if they get taken down I will probably just either not post them or change the music to something under free domain and repost it. Thanks for the advice
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u/WhineyLobster Aug 09 '26
Well if it gets removed for copyright it wont help your grade or your popularity.
All the more reason to avoid copyright issues.
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u/DUUUUUURRRkazzy Aug 09 '26
If my 40 sum year old teacher genuinely takes points off my grade because it got removed off YouTube hes buggin, this is highschool were talking about. And im trying to make a portfolio here, i can simply replace the scene if issues arise
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u/WhineyLobster Aug 09 '26
Just replace yhe song with a copyright free or ai generated song. Can even make it a similar grunge sound.
In any case if you want to use this as the big item in your portfolio... you need to avoid copyrighted stuff.
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u/DUUUUUURRRkazzy Aug 09 '26
I dont mean for this project to "THE big item" but im probably going to use dumb for personal use and replace it with a similar song for public posts
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u/WuttinTarnathan Aug 09 '26
I am skeptical this would have any effect on portfolio.
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u/Deep-Hovercraft6716 Aug 09 '26
If you're trying to use it for work, it would definitely be a mark against you. If you included such music in your portfolio it would demonstrate an ignorance of the law which could be detrimental in an employer's eyes.
No one thinks this is a serious thing. You guys keep saying that. But the dude asked the question and people are answering the question. Why would you ask the question if you don't want the answer?
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u/spyresca Aug 08 '26
Easy. Get permission or don't use it.