Music Copyright Law On The Internet
We hope that none of the scenarios listed below describe how you use or listen to music… because they all amount to copyright violation.
- While surfing the Internet, you find a site with MP3 files of chartbuster songs, and you can download them for free. Sounds too good to be true. So you go ahead and now you have all your favorite songs on your computer and you play them on your website. Problem? Like many other people, you have assumed that everything posted on the Internet is in the public domain.
- Trisha posts the home video she shot of her 2 year-old on YouTube She has used music clips from a CD that she bought recently. Problem? She thinks that because she has paid for the CD, it’s alright to use the music in her online postings.
- Some people you know download MP3 files from the net, burn them on CDs, and sell them for a profit. Problem? Republishing and distributing copyrighted content commercially infringes on the creator’s copyright.
- Sharing MP3 files on peer-to-peer networks is the latest craze among high school students. Problem? This is unauthorized distribution of copyrighted music.
Digital music, like any other recorded piece of music, is protected by intellectual property law. Unfortunately, one of the biggest drawbacks of the digital technology is that anyone with an Internet connection can easily and freely upload or download copyrighted content, especially music, without paying for it. Clearly, this spells doom for musicians, songwriters, singers, composers, publishers and recording companies; in fact it impacts anyone and everyone who depends on the sale of music to make a living. That’s where copyright laws come in.
So what is copyright, anyway?
When you own the copyright of a piece of work, it means literally that you have the “right to make copies” of that work. By extension you also have the right to license that work to others who want to use it. It is a form of intellectual property law that protects an original piece of work from being pirated and used without permission of its creator.
But isn’t the Internet a free for all medium?
The Internet might be a medium that’s accessible to anyone with an Internet connection. But the content posted online, unless specified otherwise, is not in the public domain. You cannot just take and use whatever you feel like.
That means if I want to use music, say on my website or in a school project, I can’t?
Not on your website unless you have a license to do it! The simple rule here is, if you didn’t create it – yourself, it’s not for you to share.
But yes, the use of copyrighted works for non-profit documentaries or educational purposes is more likely to be considered fair use. But the question of how much of the work you can copy or how many times you can copy it still remains. Always ask for permission.
To avoid getting on the wrong side of the law, consider purchasing a legal music license from royalty free music websites such as www.premiumbeat.com. Whether you are looking for production music for your video or background music for a multimedia presentation, you can choose from literally thousands of royalty free soundtracks. What’s more, buying royalty free music online is really easy and affordable. All you have to do is pay a one-time, reasonable amount as fee through a secure payment gateway and you are free to use the royalty free music on the Internet in anyway you want for lifetime. Inexpensive licensing is also available for Broadcast advertising and mass duplication of DVDs or CDs.
Stay clear of unauthorized reproduction and distribution of copyrighted music, and keep the copyright police from knocking at your door!
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17 comments so far
excell walker
is anything public domain actually protected by copywrite?
Gilles
If it is Public Domain the Copyrights has expired. This means the composition itself can be used freely. For example you could record your own version of Jungle Bells which is in the public domain. However your own version (the master or recording) would be owned by you – the master’s copyright would belong to you and no one should be using it without your permission. So in that sense yes it is in the public domain and yes it is protected (but just your recording not the composition).
Charity
I have just started a new blog and am worried about the fact that I dont know much about copyright laws. I put a lot of work into my blo and don’t want to lose it. I have started posting the chords to some of my favorite songs and am worried that I could get in trouble for it. Basically these songs are the way I play them, but anyone could probably find the same chords used elsewhere. Get what I mean. So I was wondering what the laws were for that ?
Casey Lewis
This infomation was very useful to me in my professsion.I am a colorguard instructor & I would hate to go to jail because I didn’t know the copyright laws when i gave the music out to my girls.All thought I don’t think my girls would mind if I went to Jail. But thanks again.
Your Friend,
Casey Lewis
Steve
What if I want to start a website with remixes or recordings of sets that DJ’s play? What are the laws against that? Because I see a ton of music blogs that post remixes and sets up on the internet, and they don’t get in trouble (from what I’m aware of)
lety
What are the laws against copyrighted music and writing?
Gilles
Copyright laws are International and national laws protecting the rights of all Copyright holders in any field including in the music industry. Start here: http://en.wikipedia.org/wiki/Copyright
SKYY
what are the copyright laws?
don
i wish to make proffesional backing tracks of songs made
popular by other artists, these would be songs that no one
else seems to make backing or karaoke tracks of,
i asume because these songs were not a huge hit.
what permissions or licences would i need to then sell these backing tracks in download or cd form from a website or say itunes ect.
hopeful
can i play example a list of nirvana songs for free that I have from my itunes list available for people to play only- not download
Gilles Arbour
We’re not lawyers but I do know this would be considered a public performance of their music and therefore you would need to have the permission of their publishers. When you buy music from iTunes or a CD you are really purchasing a license to listen the music privately – in your home, in your car, on your iPod…) If you broadcast the music so it is not private listening you need to have permission or a different license. It is unlikely that you would get in trouble but that does not mean it is legal.
F.B.
I have a large collection of store bought CD’s and cassette tapes and wanted to have the songs from them to listen to on my iPod. Rather than taking the time to transfer every tape and CD over to my computer and place in iTunes; would it be legal to download these same songs I already own on CD and Cassette from a Peer to Peer site, and then put them on my ipod? Just trying to save myself a long and tedious chore of doing all the conversions.
Jim
Stop worrying about going to jail you gotta be in possession of 10000 copies or more before the feds will even look at you. Its the possiblity of getting sued in civil court you must be aware of.
Stephanie’s Response « cyberculture theory
[...] otherwise, is not in the public domain. You cannot just take and use whatever you feel like (http://www.premiumbeat.com/blog/music-copyright-law-on-the-internet/).” However, the websites like Facebook can use the content that you posted even though you [...]
excell walker
what if you submitted an original piece of music,would copywrite laws protect it,or would it fall under public domain?also,if the music is an original piece of work would the submission be protected under laws of internet? someone help
Rhythm, Records and Rules: Music Copyright Laws | VAST 231: Don't Buy This Book, Spring 2012
[...] covers do not infringe copyright laws there are many other common activities that do. Examples of copyright infringement include: downloading copyrighted music for free from a “pirated” website, uploading a youtube [...]
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do I have to have my original music copywritten to post on the net for it to be protected?