This is a very good question. Especially in commercial applications, it is necessary to obtain an appropriate license before using someone else's copyrighted material. This can be a complex process. Consequently, it is a good idea to retain a qualified intellectual property attorney. Ultimately, the license is obtained from whoever owns the copyright on the material being reproduced. For music this may be the recording company or the artist or both. For films it is likely the production company. Therefore, the first step is always determining who owns the copyright to the material which you want to reproduce. Unless the material falls into one of a few categories, i.e., fair use or public domain, you must obtain a license to reproduce it. The penalties for failure to obtain a license prior to your publication may subject you to the statutory penalties in the US copyright act. These can be up to $150,000 per violation.
Answered on Oct 26th, 2012 at 5:24 PM