I've recorded a song using some audio footage of Winston
Churchill and Neil Armstrong, am I allowed to upload this to myspace
As long as I'm not selling it? Or is it totally not allowed?
Cheers in advance.

What are the sources?

They were videos taken from youtube and then converted into
Mp3's!

If the material is under copyright then you cannot upload it anywhere
without a licence and you could get your myspace account banned if you did
upload it and it was subject to a copyright claim.
Find the original material and get a licence for it. Chances are it may be
outside of copyright but it depends how old the source material is.

But whilst that is correct and sensible advice we are living in a very confused copyright age. This is sometimes a good and sometimes a bad thing. All creative artistes deserve protection for their art but, for example, footage of myself was taken and contracted without reference to the Internet which not only did not exist but was not imagined back then. It may be argued that permission was not granted for Internet use of - for example - my 1965 Top of the Pops appearances.

The "any media which exists or will exist" clause was not in sixties contracts.

So who owns my image from then? The BBC or myself?

Very interesting JK but generally the creator of the copyright would own the image
and you're not likely to. There will be a catch all clause such as audio-visual or
Rediffusion or some other jargon.

Also considering that you won't have the masters, the only way you would be able to
upload to youtube would be infringing copyright. For example on you records/tapes/CDs/videos
you are prohibited from public performances so would be liable for uploading to the internet.

Where it gets interesting is if you grab this from Youtube using their embed or share codes
so perhaps stick with doing it that way or expect the feds to come after you.

Here's one place to look for out of copyright audio (but some copyright stuff slips through, so double check).

It would help if I actually gave you the link!


www.archive.org/details/audio