Legality of using music on a website - part 749

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Archive 2009 · Legality of using music on a website - part 749

LeeOts
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p.3 #1 · Legality of using music on a website - part 749

I realize I'm late to the party but there are some points that were missed in this thread covering music on a website.

First, when one buys a CD of music, one is simply licensing the right to play the music. Just like photographs, the rights remain with the creator. The only thing you "own" other than the license is a round piece of plastic.

Second, unless the CD is in a CD player attached to the computer, a copy of the music is stored on the website. Making copies, regardless of whether it's one copy or 10,000, is illegal per the license.

Third, unless it's a music site, I can't stand music on websites (which has been covered in the thread).

Sep 22, 2009 at 06:46 PM

Jeff Langevin
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p.3 #2 · Legality of using music on a website - part 749

Personally, I believe there is a distinction between "personal" and "commercial" use of the music and therefore in your case, it would be commercial. Many CDs, software products, you name it, specifically differentiate the two and have different licensing structures for each. I do see your point here in that I have two CDs in front of me. One states "All rights reserved. Unauthorized reproduction in part or in entirety is a violation of applicable laws" The other "All rights reserved. Unauthorized copying, reproduction, hiring, lending, public performance and broadcasting is prohibited."

Clearly the two state the users' right very differently. Ignorance of the law doesn't mean they don't apply to you. However, I believe where you might get yourself into trouble is the "All rights reserved" and "applicable laws".

You really shouldn't just look at what's written on the label, but research the applicable laws for your intended use. Can you get away with using it without permission regardless of legality? Perhaps.

But, personally, I believe in this age of digital rights battles it is unethical to use someone's work without permission. Just like I wouldn't want someone using my work without my permission.

Just my $0.02.

Sep 22, 2009 at 07:16 PM

lisy78
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p.3 #3 · Legality of using music on a website - part 749

Jeff,

you probably didn't read every post in the thread. Halfway down the thread I realized I was in fact violating the recording company's rights, and removed the music from my site. I wasn't trying to steal the music, just thought that maybe some photographers were being a bit too pedantic and thinking something acceptable was indeed not so.

I guess in the process I learned that all those mom and pops stores that set up a stereo system and play their own CD collection are indeed copyright thieves as well.

I'm getting used to the music-free site. Took a look at Triplescoop as their prices are reasonable, but frankly I don't have the time right now to go find some other artists/music that I like, so quiet it is.

Sep 22, 2009 at 07:41 PM

ContagiousIdea
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p.3 #4 · Legality of using music on a website - part 749

lisy78 wrote:
Jeff,

you probably didn't read every post in the thread. Halfway down the thread I realized I was in fact violating the recording company's rights, and removed the music from my site. I wasn't trying to steal the music, just thought that maybe some photographers were being a bit too pedantic and thinking something acceptable was indeed not so.

I guess in the process I learned that all those mom and pops stores that set up a stereo system and play their own CD collection are indeed copyright thieves as well.

I'm getting used to the music-free site. Took a look at Triplescoop as their prices are reasonable, but frankly I don't have the time right now to go find some other artists/music that I like, so quiet it is.

Both Grits and I and Tim have bought stuff off their what are you looking for perhapse we can make a suggestion? No not the music I have MINE!

Sep 22, 2009 at 08:04 PM

ksmahgrts
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p.3 #5 · Legality of using music on a website - part 749

lisy78 wrote:
Took a look at Triplescoop as their prices are reasonable, but frankly I don't have the time right now to go find some other artists/music that I like, so quiet it is.

you can also drop roy an email, tell him the artists/songs you were using on your site previously and he can recommend similar pieces from triple scoop.

Sep 22, 2009 at 08:53 PM

Jeff Langevin
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p.3 #6 · Legality of using music on a website - part 749

I know this might not float your boat, but you could also try sites like http://www.royaltyfreemusic.com/ Just google copyright free music. I can't find it right now, but someone had told me about a site where some pretty decent artists were distributing royalty-free downloads. I'll post it if I can find it.

But, if the artist isn't huge, try contacting them. You might just be surprised at their response if you offer to display credit for the music on your site. It can't hurt to try right?

Sep 23, 2009 at 12:12 AM

Jeff Langevin
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p.3 #7 · Legality of using music on a website - part 749

This isn't what I was thinking about but here's another. http://www.mp3.com/free-music/

Sep 23, 2009 at 12:16 AM

Craig Gillette
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p.3 #8 · Legality of using music on a website - part 749

I'd start at looking at the exclusive rights that a copyright owner has and the considerations that go into the fair use provisions, Sections 106 and 107 of the copyright law. The copyright owner has the exclusive right to control distribution and performance of the works. Fair use considerations go into the effect of the use on the market or value of the work. Since there is a legitimate licensing process applicable to commercial uses of the works, taking and using the work from a different source (the home/private version) and not paying the license fees would not be a "fair use" and would be an infringement.

Sep 24, 2009 at 06:45 AM

spike34
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p.3 #9 · Legality of using music on a website - part 749

You need to buy royalty free music like that from http://www.royaltyfreemusic.com or http://www.music2license.com. You can't just use any old music you find on a CD or online....

Jan 31, 2010 at 05:04 PM

sherijohnson
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p.3 #10 · Legality of using music on a website - part 749

sinbad747 wrote:
I think you both are right. Most ethical DJ's if they have the money and are set up pay BMI ASCAP and SECAC dues. If they are not and they are still trying to be ethical will use compilation CD's with usuage rights. Everyone else....

The DJs don't pay the license dues, the venues do.

Feb 01, 2010 at 04:29 PM

mosier
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p.3 #11 · Legality of using music on a website - part 749

sherijohnson wrote:
sinbad747 wrote:
I think you both are right. Most ethical DJ's if they have the money and are set up pay BMI ASCAP and SECAC dues. If they are not and they are still trying to be ethical will use compilation CD's with usuage rights. Everyone else....

The DJs don't pay the license dues, the venues do.

Yup

Feb 01, 2010 at 06:31 PM

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