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[kpva33]

I work for an orphanage and am working on making a video to be used as a fund raiser during presentations in church and home settings. There is a song I want to use for the background music of pictures and videos of the orphanage, but the song is by a band that broke up years ago, and they were such a small band that I can't find any sort of contact information to ask for their permission to use the song. I can't even locate a record label to contact them, either.

What to do? Since I can't find a way to ask for their permission to use the song, does that mean I can't use it?

Thanks!

[Zonath]

In general, you should not use any music if you cannot contact the rights holder and secure a license to use it, since there's no exception to copyright infringement just because the copyright owner can't be found.  You might check with organizations like ASCAP or BMI to find out if any of those organizations currently hold the licensing rights to the music.

Your use of the music may also be covered by the fair use exception, but that exception is generally fact-specific and you'd probably be better off actually talking face-to-face with a copyright attorney if you decided to go that route.

If all else fails, you should look for a different song to use.

[chugan]

I work for an orphanage and am working on making a video to be used as a fund raiser during presentations in church and home settings. There is a song I want to use for the background music of pictures and videos of the orphanage, but the song is by a band that broke up years ago, and they were such a small band that I can't find any sort of contact information to ask for their permission to use the song. I can't even locate a record label to contact them, either.

What to do? Since I can't find a way to ask for their permission to use the song, does that mean I can't use it?

Thanks!

You'll need both a sync and a master use license.  My gut says this is not fair use, and the fact that the work may be orphaned is not a substitute for a license.  I suggest finding a song you can license.

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