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Music Copyright Question
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| Kapedano |
Hello everyone!
Man, it's been such a long time since I last posted in this section of the forum. Anyways, I hope everyone is doing great!
I had a question regarding music copyrights. Basically, what I want to do is put a music player on my website playing various tracks such as edm for example. This music player will in a fashion's brand website. It will not be like a flash player playing on MySpace or whatever. It will be for a business.
What are some of the things that I need to do in order to not get hammered by artists or record labels? Can anyone give me some more information regarding this?
Thank you in advance!
-Alban |
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| Scoops |
as long as you are not making off $$$ of doing so
you should be ok |
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| miamitranceman |
It can depend where you are in the world, but in the U.S., you'd probably be okay under the Fair Use doctrine. Courts look at a few factors, principally at the purpose of use (ie: commerical/non-commercial) and second, market harm (ie: are you taking something from the author that the author could be making money off of?)
In other words, as long as it's not downloadable and you're not selling anything, it'd probably be fine. |
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| elFreak |
it is a business of course they are selling something.
you have to pay licensing fees for this kind of thing, same as any television commercial. |
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| Kapedano |
We are not make money off the tracks that will play on the website. It's just a music player that people can listen too while on the website. Logically speaking, it's the same thing as going to a retail store and listening to music that is playing on the speakers from the CD player. The only difference is that people will come online for it.
Or the law is not as logical? |
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| miamitranceman |
| quote: | Originally posted by Kapedano
We are not make money off the tracks that will play on the website. It's just a music player that people can listen too while on the website. Logically speaking, it's the same thing as going to a retail store and listening to music that is playing on the speakers from the CD player. The only difference is that people will come online for it.
Or the law is not as logical? |
sorry, didn't read your first post that well. Seeing as you're selling something on the site, there's a risk a court could consider the music part of the "commercial enterprise." Unlikely, yes, but possible. |
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| Stasis |
| Labels/producers receive licensing fees when stores play their music in the background (or they're supposed to). You should contact the labels of the tracks you're hoping to play in the background and request permission if you want to be fully legit. It's not fair use to stream whole songs/large portions of songs on a commercial website. |
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| Kapedano |
| Thank you all for the help! |
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| malaplace |
| This is probably not fair use, as fair use involves a complicated 4 part test that not only weighs the effect on the market, but the transformativeness of the new use of a copyrighted work. This is probably a copyright infringement in the sense that you are publicly performing the tracks without permission. You should seek permission from the specific labels or a general public performance license from an applicable performing rights society (ASCAP, SESAC, BMI) |
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