Webmasters - Don't get caught by the Music Police

The Recording Industry and the Copyright organizations together with the FBI are cracking down hard on illegal music on the net. Most people think that this only affects illegal downloaders but did you know that your web site may be getting you in trouble with the 'music police' as well?

It's not just Napster and File Sharing that the copyright organizations and the FBI are looking into. If you have any kind of music, videos or even just links to Internet Radio etc., your site may be violating the law.

Case #1 - That 70's MIDI Diddy

A lot of web masters like the idea of having background music on their site and many of them decided it would be very cool to hear that MIDI version of Foreigner's Eye of the Tiger that they downloaded somewhere on the web. After all, it's just your sound card playing the melody, that can't infringe on nobody's rights. You're not actually using the music from the CD or record? Wrong? Copyright belongs to the writer of the song and any performance of that song, even if you'd played it yourself on your Casio keyboard, needs to be licensed.
The Solution: If you want to use MIDI files, use public domain music like traditional folk tunes that are too old to be covered by copyright laws. But beware, some old folk standards may still be copyrighted from way back then. Make sure what you are using is public domain.
Another solution is to use Royalty Free Music. When you purchase a royalty free music cd or download royalty free music, you are also purchasing the license to use this music. Royalty Free Music is available from many sources like www.buyoutmusictracks.com but especially useful for use on websites are royalty free Music Loops. These 'endless' loops are short and therefore load just as fast as a MIDI file even though they contain actual studio recorded music. A very professional solution for placing legal background music on your web site. You can find music loops at www.flashmusictracks.com

Case #2 - Internet Radio Streams

It's cool to have a lot of interesting links on your site and many web masters add links to internet radio stations to their site. Unfortunately, the copyright police considers a direct link to a radio stream without a license a violation of the law. So, if you want to have internet radio links on your site and stay out of trouble, do not link directly to Radio Streams but instead link to Radio Web Sites like: www.shoutcast.com or www.live365.com These sites are fully licensed and legal and linking to them won't get you in trouble.

Case #3 - That cool Music Video Clip

We used to have links to cool music video clips on our site. The record companies were actually sending them to us with the full permission to use them on our site. After all, they wanted to promote their artists. But one day, an ASCAP representative called us and demanded that we take those videos down or start paying licensing fees. It turns out that even though you may have the right to show the video, the writers of the music have the right to collect if their song is played anywhere (See Case #1)
The solution: Again, it's better to link to a site that features cool video clips and is fully licensed like www.mtv.com than to have video clips directly on your site. MTV can afford to pay those heavy licensing fees, most web masters don't.

Case #4 - The "Zoink" button sound you like so much

You may not believe it but copyright doesn't just cover music, it also covers sound effects. Those Zoinks and Doinks that you downloaded somewhere to use as button sounds are covered by copyright just like music. So again, make sure to use royalty free sound effects and button effects that are licensed to you.


Case #5 - All kind of other Stuff that has a sound track

In short, whether you uploaded a cool instructional video clip to your site or decide to use some cool music to go with your super impressive Flash Intro, 99% of the time, that music is unlicensed and can get you in trouble. So, if you want to use music on your site, use royalty free music to avoid trouble with the music police. There are thousands of royalty free music titles, loops and sound effects out there that you can use legally.

Case #6 - Using Royalty Free Music and still in trouble?

Please note that if you brother-in-law bought a royalty free music CD, chances are that only he as the purchaser is covered to use these sounds and if he gives you a copy of the CD, you are not legally allowed to use them. Be sure to read your usage license carefully, most likely only the original purchaser of music or sound effects is covered and he can't transfer these rights to you even if he would sell you the CD. Check out an example of a usage license for royalty free music at www.buyoutmusictracks.com

In short, when using music on your web site there are two basic rules that will keep you out of trouble:
1) It's better to place links than to put actual music or video files on your site.
2) Use royalty free music on your site and stay legal.

interesting info. I didn't know they were being as nitpicky as that. What I want to know is if I get sued, does the artist get the money? If not it seems they have no right to sue...

Survivor's ;-)

How? Where do you get the copyright information on sounds? For that matter where's the copyright information on music? Can you point me to the copyright holder of "Sympathy for the Devil" by Jonathan Round for example (he did a great cover -- blows away the Stones)

Without that information, your advice is in general "don't use music, don't use sounds"

Music copyright!!! that means I can't even sing the song I like!? then why should I buy one??

PS: I'm going to make my own song. It would be no copyright.

yeah make it GPL.

Copyright laws are a b*tch sometimes.