Use 5 seconds of copyright music - legal?

Heya,

does someone know if it's legal to use like 5-10 seconds of a games theme in a video?

I mean i'm working on another let's play series and want to play only a short part of the main theme for my intro picture.

Just wondering because in the entire videos you would listen to the game music anyway and see the footage.

Thanks!

not allowed.
(think of the first 4 notes of the "indiana jones theme") - it's enough to break the law when played unlicensed in public.

Hm that's odd.

Then how are Let's Play videos allowed at all? Feels like they are kinda in a dark grey zone.
Or is it different because the music you here while playing was "placed" into the particular scene by the company?

If you publish a game/media product (e.g. in germany) you must pass the GEMA check.
There you have to add a list of all third party licensed content (and you have to pay for it). If you miss to declare licensed media/parts and the GEMA also missed to proove this and a/the owner of included copyrighted material can/will to court.
(see SONY music content in youtube videos)

It depends how you use it. Wikipedia makes frequent use of copyrighted material (video game screenshots, music clips) but they get away with it because they are covered under the "Fair Use" laws, whatever those are.

You'll notice the reasons they give for being covered are any combination of the following:
- The video/screenshot/music is of low quality
- It is being used only to demonstrate certain things about the subject
- The video/screenshot/music is not detailed or long enough to be copied for any useful purpose
- The video/screenshot/music is not interfering with the sale of the subject

to answer your question for real this time:

the laws are different in EVERY SINGLE COUNTRY.

its that easy. if you put it on youtube, the following things might happen:
a.) nothing
b.) taken down in certain countries (i have two of those)
c.) taken down in general

as long as you just put it on youtube or something like that, nothing more will happen.

I guess i'll just use it.
I mean i'm posting 15 minute videos of me showing a game in public, and they don't complain. So i doubt they will complain about a 5 second music piece from the game itself.

They reviewed a view videos before cause they thought i used copyright material (my old intro songs) but they are all CC licensed music and they cleared that "under review" status already. So i guess its okay

Thanks