California | Intellectual Property
Legal Question
Implications of using music in a film that is inextractible from the recording
Regarding music licensing in non-fiction films.
I am in the process of finishing a film that was shot in Bangladesh.
At a political rally, a baby taxi equipped with a loudspeaker can be
heard playing music possibly from a Hindi Movie in one of the
takes. The scene itself is very important to the film and I wouldn't
want to lose the shot, but what are the ramifications of not being
able to identify the song and therefore not obtain rights? It is not a
song that can be easily be removed from the film. It may prove
difficult to identity it and maybe impossible to obtain premission. Is
there some law protecting incidental recordings of intellectual
property?
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