According to copyright law, using a short musical motif from a movie soundtrack in your composition without obtaining permission or a license from the copyright owner is generally considered copyright infringement. The use of copyrighted material without permission is a violation of the exclusive rights of the copyright owner, including the right to reproduce, distribute, and publicly perform the work.
The use of copyrighted material without permission is generally not permissible, even if the material is used in a new context or transformed in some way. This is because copyright protection extends to both the original work and any derivative works, such as compositions that use short musical motifs from a movie soundtrack.
To legally use a short musical motif from a movie soundtrack in your composition, you would need to obtain permission or a license from the copyright owner. This typically involves contacting the owner of the copyright and negotiating the terms of use, including any fees or royalties that may be required.
Alternatively, you may be able to use the short musical motif under the doctrine of fair use, which permits the use of copyrighted material without permission for certain limited purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. However, determining whether a particular use of copyrighted material qualifies as fair use can be complex and depends on several factors, such as the nature of the copyrighted work, the amount of the work used, and the effect of the use on the market for the original work.
In summary, using a short musical motif from a movie soundtrack in your composition without permission or a license from the copyright owner is generally not permissible under copyright law. To legally use the material, you would need to obtain permission or a license from the copyright owner, or qualify for a limited exception, such as fair use.
