My husband is developing a software program which he intends to sell for profit. In order to advertise his software, he has made an informational video that he is publishing on his website for general internet consumption. This video will not be part of the software program that is for sale. He is wondering if he can use a piece of popular music (e.g. the "Top Gun" theme song) as background music for this video.
Thank you for your time and any help you can give would be appreciated!
1 Answer from Attorneys
He cannot use music, copyrighted and owned by another, for a commercial purpose without permission/license from its owner (and likely paying a licensing fee). Advertising is a commercial purpose, and it would be copyright infringement if he does not have permission to use the work in question from its owner/rights holder.
Please see an IP attorney in your area who may be able to give you good advice and may negotiate a suitable licensing fee.
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