Copyright Law Blog

Free Music Hurts Music Giants

August 9th, 2009 at 06:42pm Under music copyright

The world of high technology and endless innovations made its way to music consumers from all over the world. This definitely opened new ways in enjoying music, whether it is through legal ways or the other way around. With the bad smell of piracy spreading the stink globally, its time for music companies to fight against it, in order to save the music business today.Music giants are once again at odds with the consumer electronic manufacturers. This time, it is very much related to piracy—the controversy over specific information technology products that enables consumers to copy digital music and transfer them into different formats, or exchange them over the Internet. This has been going on ever since people knew about it, and this alone greatly affects the music business today.Over the last few years, the music industry has fed the media statistics about piracy, or the act of copying digital music content to a blank CD, or uploading or downloading it from the Internet. According to articles, an estimated 3.6 billion songs are illegally downloaded each month in the US. In 1999, the music industry estimated that one in four CDs of new music was actually an unauthorized copy. By end of 2001, it was estimated that as many CDs were burned and copied as were bought. Since 1999, CD burner ownership has nearly tripled. This trend is attributable to the slow economy, among many other factors. However, the music business today seems to believe that the culprit in this trend is the rise of digital music—free online sharing, and the growing number of CD burners.For self-defense, big music record companies are developing technology for anti-piracy, to protect their copyrighted music against the information technology’s movement towards user-friendly digital software and hardware. Few of the biggest music labels are experimenting on anti-piracy technologies designed to fight the online file sharing. Both Sony and BMG have already implemented copy-protection systems, which prevents their CDs from being played on any device that is not a simple CD player. Another music label is also licensing another anti-piracy technology, where it prevents consumers from reformatting songs into MP3 format files and burning copies, or making them available for file sharing systems. This anti-piracy technology called Cactus will prevent music from playing on the Playstation 2, a number of car stereos and DVD players, even on PCs, and also disables stand alone CD burners.There will come a point where progress may feel more like loss than gain, especially when a technology that an industry has developed becomes outdated. While this may seem frustrating, the proper solution is not to hinder progress; instead, adapt accordingly. Both the congress and the music industry giants should make necessary changes in the legislation to make it more effective for the next generation.

Protecting your Website Legally From the Music Industry

July 17th, 2009 at 12:42pm Under music copyright

In the connected world, where businesses pop up like dandelions and anyone with a computer can upload video, audio and text-based content to be shared across the web, it is of growing importance to understand the potential legal ramifications associated with these technical advancements.

Most internet businesses make use of some sort of rich media on their websites such as video or music. What most don’t realize is that even the smallest S-Corp can find itself in hot water if it doesn’t understand the basics.

The intent of this article is to focus on the use of production music (music on your website) and the ways you can protect your business or yourself from copyright infringement.What is production music?

Production music is music intended for use in connection with films, corporate videos, Television shows, commercials, Internet video, multimedia and any other form of media that requires music.

If you’ve ever listened to an advertisement on the radio, watched an infomercial, or heard menu music on a video game, then you have probably heard production music.

Production music libraries cover a multitude of genres, providing music for most tastes at varying levels of quality. Traditionally, production music comes in shorter lengths. These lengths are normally 30 seconds, 60 seconds and 90 seconds.

Production music also comes in different variations known as full and reduced versions. Reduced versions are identical to full versions with the exception of one or possibly two of the main instruments having been removed.Who uses production music?

Production music is most widely used by industry experts like; video editors, producers, music supervisors, videographers, and creative directors. Although increasingly, it is being used by relative amateurs for websites, podcasts, streaming video and more.How do I Get a License?

Something called a Synchronization License or Sync License must be obtained for the music in question before it can be utilized in any audiovisual production, such as a motion picture, television program, television commercial, video production, or website.

Sync Licenses come in different shapes and sizes. Two of the most popular are a Drop License and Blanket License. They are most commonly made available by production music publishers such as Slynth (www.slynth.com).How do I get a Sync License?

Production music publishers will usually license music on what is called a needle drop (a.k.a Drop License) or a Blanket License.

A needle drop or Drop License is a license that requires payment for individual songs. The prices for each song vary depending on the type of production in which the song is being used. The rule of thumb when pricing Drop Licenses is – the larger the audience, the higher the price. (Rate cards can be requested with Drop Licenses.)

A Blanket license is a license that affords a user either a set number of music selections or unlimited use of music selections in any given production. The distinction between a blanket and drop license is a drop is issued for one song, a blanket for many. Obtaining a blanket license involves dozens of variables, so it usually requires some negotiation. Venues such as radio stations or night clubs will often require blanket licenses.Is A Sync License the Same as a Performance License (Permission from the Musician)?

Unfortunately, no it isn’t. Obtaining a Sync License doesn’t absolve you from getting legal permission from the artist. And, seeing as musicians aren’t known for their knowledge of the legal system, you might imagine that obtaining such a license would be rather difficult. In actuality, the opposite is the case.

The reason for the relative ease of obtaining a Performance License is most musicians are represented by one of two agencies or “performance right societies” that handle the legal jargon. These societies manage the right of performers and see to it that artists get paid when you play their songs in a “public” venue.

Performance rights societies such as ASCAP, BMI and SESAC collect monies for composers and publishers. These societies handle Performance Licenses and should be consulted before you publish any finalized work. Who needs a performance license?

Anyone who uses copyrighted music in a public place including radio and television stations and/or their networks; all new media, like the Internet and mobile technologies such as ringbacks and ringtones; satellite services like XM and Sirius; discos, nightclubs, bars, restaurants, hotels, and other venues. This includes digital jukeboxes and live concerts. All should obtain a performance license.What happens if I don’t have a performance license?

Production music users are in danger of copyright infringement without a license from a performing rights organization. If you’re an individual with a small audience and no real money (ie you’re not a business), then you are at lower risk of having suit brought against you for copyright infringement.

However, if you’re an individual with a large audience or you’re a business or organization and you fail to obtain the proper licensing, be prepared to hire a lawyer.

The basic rule of thumb with rich media on your website is this: If you’re going to use audio without a license, make sure no one sees it. This may be a difficult rule for most webmasters to cope with, as the purpose of internet businesses is to be seen. Remember the best choice, if you have a large enough audience, is to be safe and purchase the required licenses.