united-states copyright music
What can I do to use classical music in an advertisement?
<p>I'm considering using one of the following pieces of music for a commercial (advertisement of my book):</p>

<ol>
<li>Richard Wagner, Ride of the Valkyries</li>
<li>Carl Orff, Carmina Burana, O Fortuna - Fortune plango vulnera</li>
<li>Shostakovich, Symphony No. 5 - Finale</li>
<li>Gustav Holst, The Planets - Mars, the Bringer of War</li>
</ol>

<p>Which options do I have, in order to do it legally, provided that </p>

<ol>
<li>my product will be sold primarily via American Amazon store (hence, I must design the ad so that it complies with US laws) and</li>
<li>I need the ability to legally remix the record (i. e. cut out pieces of it, make it shorter)</li>
</ol>

<p>?</p>

<p>From my point of view, I can do in several ways:</p>

<ol>
<li>Purchase the rights from the performers (e. g. some orchestra) to use one of their records in a commercial.</li>
<li>Sign a "work-for-hire" contract with a musician. He or she will play that piece of music and the rights for the record will belong to me.</li>
<li>Use a record in public domain.</li>
</ol>

<p>All these options theoretically give me the rights for the <strong>recording</strong> (audio version of the work). But I'm not sure if the copyright holders of the notes/score version of that music (e. g. relatives of R. Wagner, C. Orff, D. Shostakovich and G. Holst) can't sue me for copyright infringement (or do any other legal action).</p>

<p>Copyright expires 70 years after the original writer breaths his/her last breath, after that it becomes public domain. And all works published before 1923 are in the public domain in the US.</p>

<p>This means that the inheritors of the rights cannot sue you for infringement because there is nothing to infringe.</p>

<p>If the music is not in public domain you will need to contact the rights holders and negotiate the rights to use the music. This can also be a company that has the right to sublicense the content to others. This is often the way radios and DJs get the right for the music they play.</p>
