Discussion:
What is the name of your state?What is the name of your state? California
I want to create a short animated flash movie using a scene out of a book I really like (Snow Crash by Neal Stephenson). I haven't decided yet if I will compose my own music or use a pre-existing song. I don't plan on making any money off this film, though I will post it in my web portfolio as an example of my skills.
My question? Do I need the author's written permission, or do i just need to credit him? Can I get sued if I don't get his permission?
DO I also need to get the rights cleared for using the music, even if it is a "personal" project?
Answer:
Do I need the author's written permission Yes. One of the rights that a copyright gives you is the right to control "derivative works."
Can I get sued if I don't get his permission? Yes. Without permission, this would be copyright infringement.
DO I also need to get the rights cleared for using the music, even if it is a "personal" project? If you use your own music, then no. If you use someone else's music, then yes -- and you'll need two licenses, one for the sound recording (ASCAP or BMI) and one for the "musical work" (Harry Fox Agency).
Now, if this work is completely personal, then the use of both Stephenson's work and the music would probably be covered under "fair use," and you wouldn't need permission. However, if you use this as part of a portfolio (which I assume you are going to use to get work, or to commission work through you, etc.), then it is no longer a "personal use" and you would need permission.