Protecting Your Website Legally From the
Music Industry
By Mike Bradbury and Joel Thatcher
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 risks that online businesses
face.
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 with the music industry if it doesn’t understand
the basics.
The intent of this article is to focus on the use of production
music (any music on your website you didn't personally create)
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
websites, 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 rights 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. Although its far more expensive than "free"
the best choice for sites with large audiences, is to be safe
and purchase the required licenses.
This article was coauthored by Mike Bradbury and Joel Thatcher.
Joel is a senior employee of Tunedge
Production Music. Tunedge provides production music solutions
for professionals and amateurs alike through an online interface.
Mike is an analyst for
Objectware, Inc, a Washington DC web design company.
Article Source: EzineArticles.com
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