copyright internet intellectual-property canada
Is sharing onlnie a video with copyrighted song in background illegal?
<p>I am helping a friend make a Facebook page. I am one of the admins. The page is for her clothing modeling. She had me upload a video of her walking down a run way modeling, but Facebook notified me it may violate copyright as in the background a song was playing. Is it ok to use the video as the main focus was not the song? What laws apply? </p>

<p>In general, if you have a video, and in the background a song (such as one by Bruno Mar’s) is heard playing, does that mean you are breaking copyright by posting it publicly online? Should I get my friend to sign any agreement, like the videos she gives me she has the right to use?</p>

<p>There is copyright in the video and there is copyright in the audio and they may belong to two different people. <em>Prima facie</em> if your video contains a copyrighted song then posting it online is copyright violation.</p>

<p>You may have a fair use/dealing defence depending on the amount of the song, its quality etc. and how these will impact the song owner's ability to make money. However, Facebook doesn't care: they are not interested in defending copyright claims so they will make you take it down because the terms of service you agreed to say they can.</p>

<p>You can seek such a declaration from your client, however, to what end? Copyright violation does not require intent - there is no "I didn't know defence". Better if you seek an indemnity from her so that if you get sued or prosecuted she has to pay your costs.</p>
