Can I use the environmental sounds of video?

'Is it legal', 'can I do this' type questions and discussions.
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Mubuer
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Can I use the environmental sounds of video?

Post by Mubuer » Tue Mar 19, 2019 7:57 am

Some environmental sounds are recorded when shooting an excavator working video.
Are these environmental sounds protected by copyright?
Can I extract sound to use without the permission of this video copyright owner? Is this an infringement?

Such as this: https://www.youtube.com/watch?v=R68IysgpDj8

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AndyJ
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Re: Can I use the environmental sounds of video?

Post by AndyJ » Tue Mar 19, 2019 8:50 am

Hi Mubuer,

Yes, the sound track to a video or film is treated as a sound recording which is protected by copyright (see section 5A CDPA). Unlike the older types of copyright work (literature, music, drama and artistic works) sound recordings do not need to exhibit any minimum level of skill or creativity on the part of the maker in order to gain copyright protection.

That said, I don't think anyone is likely to trawl the internet looking for reproductions of a sound track like the one you linked to, unlike say, the latest track by Ed Sheeran. Maybe if you blend a number of similar sound tracks, such that you do not take a substantial part of any single video, you should be OK. Or you could go out and record your own.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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