In the United States, what is the fair use of using music like this XXXXX in a commercial video game? It contains mostly small sound bits of random quotes made in public forums and sometimes soundbites from other songs. Assume I have permission from the creator himself to use it. Do I need permission from every person in the mashup or are the soundbites short enough to constitute fair-use as a remix? What are the rules for this?
Forewarning, you guys will probably find this music very, very unusual hahaha.
Thanks!
First, the link is being removed from your post.
Fair use is not permission to use another's copyrighted work. It is a defense to a claim of infringement. Fair use is decided at the court level, this after you have been sued.
There is no "short enough" allowance for the use of another's rights-protected material - although certainly it will be that the less used the more likely the use will be found fair. How much is too much depends on what the copyright holder believes is too much and what a court affirms is too much.
As to acquiring permission from the one who created the mash-up, this permission prevents you from being sued for infringement by the creator of the mash-up. It does not prevent you from being sued for infringement by those whose works were used in the mash-up if the mash-up creator did not get permission to use the copyrighted material.
I recommend you have your work personally reviewed by a professional in your area, prior to publication.
