Adding sound effects to a movie trailer could potentially be considered copyright infringement depending on the specific circumstances. If the sound effects used in the trailer are protected by copyright, then using them without permission would be an infringement of the copyright owner’s exclusive rights.
According to the U.S. Copyright Act, sound effects are considered “sound recordings,” which are protected by copyright law. In order to use sound recordings in a movie trailer, one would typically need to obtain a license from the copyright owner or their representative.
However, there are certain limited circumstances in which the use of sound recordings may be considered fair use and therefore not infringing. Fair use is a legal doctrine that allows for limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. In determining whether a particular use of copyrighted material is fair use, courts typically consider four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use on the potential market for or value of the copyrighted work.
In the context of a movie trailer, the purpose and character of the use would likely be to promote the movie and generate interest in it. The nature of the copyrighted work (i.e., the sound recording) would also be a factor, as some types of sound recordings may be more deserving of copyright protection than others. The amount and substantiality of the portion used would depend on how much of the sound recording is used in the trailer. Finally, the effect of the use on the potential market for or value of the copyrighted work would be a significant factor, as a trailer that uses sound recordings without permission could potentially harm the market for those recordings.
In summary, adding sound effects to a movie trailer without permission could be considered copyright infringement if the sound effects are protected by copyright. However, there may be certain circumstances in which the use of sound recordings in a trailer could be considered fair use. It is important to consider the specific facts and circumstances of each case in determining whether a particular use of copyrighted material is infringing or not. Source: U.S. Copyright Office.
