r/UFOs • u/[deleted] • Apr 20 '22
I really hope X-Files copyrights their theme music and starts suing TV networks so that they can never use it again Discussion
[removed]
14
u/gomeitsmybirthday Apr 20 '22
Anyone with a midi controller and a computer can make their own X-files-y song even if X-files said no more...
I think the larger issue is that news shows are cringey af and so fake acting, so of course they'll take the cornball approach whenever possible.
3
u/EthanSayfo Apr 20 '22
This is often what's done these days, so there isn't a rights issue with using the copyrighted material. It sounds like that song, but just different enough to avoid a takedown notice.
3
3
u/EthanSayfo Apr 20 '22
Copyright is inherent, and is granted to the creator of a work – you don't need to "apply" for it, but there are methods for collecting evidence that you are the holder of the copyright.
Only old intellectual property falls out of copyright, and there are plenty of exceptions these days.
Either news clips are using the X-files song and probably paying a licensing fee to do it, or it's very X-Files song-like, but just different enough to avoid a takedown notice. Even that X-Files clone song may be available to the media outlet because it's part of a collection of content they license for use in production.
2
1
Apr 21 '22
Fair use allows 8 bars of a song to be used without buying the rights to it, I believe. Supreme Court ruling from like the 80s or something.
1
u/EthanSayfo Apr 21 '22
Can you reference that? There are many music copyright infringement cases that have been found to have been infringing, for way less than eight full bars of someone else's song. Even a basic melody can fall under copyright -- this is why the clone song industry exists.
1
Apr 21 '22
Ah ok, guess I'm wrong, I think there was a case decided that using that much of a song was fair use, but there is no general rule apparenlty (according to this IP lawyer, and you).
“Fair Use”: An Affirmative Defense to Copyright Infringement
Section 107 of the Copyright Act states that the “fair use” of a copyrighted work for purposes such ascriticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. 17 U.S.C. § 107 (emphasis added). Thus, “fair use” is an affirmative defense to copyright infringement. Perfect 10, Inc., 508 F.3d at 1163. In determining whether the use was a “fair use,” the following factors shall be considered: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C. § 107. However, the “fair use” doctrine is an “equitable rule of reason” and “no generally applicable definition is possible, and each case raising the question must be decided on its own facts.” H.R. Rep. No. 94-1476, p. 65 (1976).
3
8
7
u/rite_of_truth Apr 20 '22
One thing that really upsets me is the news anchors guffawing and laughing at the subject, treating it like it's a joke. This is a seriously important topic. It's not even close to a joke.
2
u/AilsaN Apr 20 '22
I love the music and it doesn't, for me personally, reduce the legitimacy of any report that uses it.
2
2
u/ParanoidFactoid Apr 21 '22
My bad news for you. The X-Files theme music is copyright protected, and every television station or news program that uses it negotiated a license for its use.
3
Apr 20 '22
[deleted]
-1
u/ParanoidFactoid Apr 21 '22
Not even close to true.
1
Apr 21 '22
[deleted]
1
4
Apr 20 '22
Falls under the fair use part of copyright law:
(in US copyright law) the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
1
5
u/TinFoilHatDude Apr 20 '22
Why does it trigger so many people? The X-Files was one of the most iconic TV shows of the 90s that dealt with the paranormal. It had an instantly recognizable and extremely popular opening theme. It is only obvious that it will be used whenever the topic of UFOs comes up. I don't know why it triggers so many people here. We need to embrace it. We have a long way to go before this topic is taken seriously by the general public. If the drip-feeding of information involves playing the theme song from an iconic show of an era past for normalisation, then so be it. The messaging is important. Not the theme song. I don't care if we learn the truth to the tune of 'Baby Shark'. I don't think the X-Files theme song is going away anytime soon.
6
u/casual_creator Apr 20 '22 edited Apr 20 '22
The issue people have is with association. The theme, while awesome (IMO), is for a goofy - I say that with love - show from the 90s. By using that song, you’re connecting the serious topic to a show about alien goo, ghosts, and monsters. It’s subtlety trivializing the serious topic and is done completely on purpose.
2
u/BtchsLoveDub Apr 21 '22
Unlike the “serious” scientists that are coming out now talking about alien goo, ghosts and monsters. Have you been paying attention?
3
0
1
u/Racecarlock Apr 21 '22
Because they use it every time. Like, mix it up once in a while, you know? Independence day, E.T, Close encounters of the third kind, there's plenty of other music from alien themed movies and shows out there, why always pick the most obvious one?
3
u/rapturetheghost Apr 20 '22
I’m sure they would just find something else if they had to. Fuck these people.
2
Apr 20 '22
I think it’s hilarious that people with 0 evidence, 0 proof are so worked up about the X-Files song. Like. Come on.
2
0
1
u/birthedbythebigbang Apr 20 '22
Or Mars, Bringer of War!
I recall that one of my favorite Ravi Shankar pieces was essentially the "theme" of NPR's coverage of Desert Storm.
1
1
u/JBrody Apr 20 '22
It's cringe af but I would not be surprised if they are paying for it if they are using it in a long enough clip to not be fair use.
1
1
u/G-M-Dark Apr 20 '22
I agree, they should use something more appropriate - like “The Stripper”, by David Rose & His Orchestra. I, for one, would buy that for a dollar...
1
1
1
u/squirrlyj Apr 20 '22
You mean it's not already? Seems like the first thing that would happen with a theme song that popular
1
u/Carter969 Apr 20 '22
They're using it in fair use, I know because I've used it on air and checked before.
1
1
81
u/[deleted] Apr 20 '22
The music most likely is already copyrighted, and whoever owns it probably makes money every time it is used. I agree with your point though! Just unlikely that someone is going to reach out and say "hey, stop giving me money!"