Music Copyright Myths
Ever downloaded music from the Internet? Perhaps you wanted to use it in the classroom, or needed it for your website, or to add to a flash movie, or maybe to jazz up a multimedia project… Whatever the end use, more and more of us are frequently turning to the Internet as our one-stop resource for digital music because we know that it is a fast and easy way to get just what we are looking for! Unfortunately, what many of us don’t know is that it may not be legal to do so. Downloading music files for free from the Internet and using them like they belonged to you means that not only are you infringing upon the copyright, but you are also risking being fined and even being legally prosecuted.
The law does not recognize if you are unaware of copyright laws. So, don’t put yourself in an illegal situation when it is so easy and affordable to use Royalty Free Music from music production libraries such as www.premiumbeat.com. And don’t base your online actions on hearsay.
This article attempts to bust some common myths that abound in the virtual world, and put you on the right side of the law.
Myth 1: It is legal to use any music for 7 seconds
Fact: No. Unlawful use of even a short excerpt from a song is enough to land you in a copyright infringement case. Don’t believe anyone who tells you otherwise, unless he is a copyright attorney! Remember, there is nothing like free to use music… not for 30 seconds, not for 7 seconds, not even for the first eight bars! You need a license to use music without landing into trouble.
Myth 2: I bought a music CD, I can use the music on my website since I paid for it.
Fact: Wrong. You bought the CD… not the music! Buying a legitimate CD gives you the right to play the music privately. You definitely need permission from the composer of the music as well as the sound recording company to use the music on the CD as background music for your website.
Myth 3: The composer is dead– his music is no longer under copyright.
Fact: Untrue. The copyright for a music composition lasts for approximately 70 years from the death of the composer. It does not automatically expire with its creator. And even if the composer is dead since a long time – like Mozart for example – you still don’t have the right to use someone’s interpretation of their music without a license.
Myth 4: It’s for a non-profit organization, so I can use any music I want for free.
Fact: False. Your project (website, presentation, video… anything) may be non-profit, but when it becomes available to other people, you are allowing them to hear music they didn’t purchase. That is a breach of the copyright law, no matter if you are making money on the project or not.
Myth 5: I can use this music for free because I found it on the Internet.
Fact: Absolutely not. All music found on the internet is under copyright. If you reproduce, perform, or distribute musical compositions and sound recordings without the requisite licensing, you are violating copyright law.
Myth 6: I can use music because the website did not carry a copyright notice.
Fact: Beginning March 1, 1989, it is no longer mandatory to display the copyright notice to protect one’s intellectual property, in this case, music.
And if you are still not convinced, consider this: Would you pick up produce from a farm and walk away without leaving money for what you took? Most certainly not! You wouldn’t deprive a hard working farmer from his rightful income. Likewise, if you violate copyright law, you deprive a composer of the royalties derived from the purchase of their work. Think about it!
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13 comments so far
kate
this was really good to know thank you, its hard to wade through all the legal mubo-jumbo of other websites concerning this matter. this was clear and to the point.
Nate
“all music on the internet is under copyright.” This supposed fact is hogwash. There is a lot of public domain music on the internet.
Gilles
You have to make a distinction between the Composition Copyright which can be in the public domain and the Master Copyright (the actual recording or interpretation) which belongs to the licensor (the arranger and/or its publisher). Ave Maria (the composition) is in the public domain, anyone can play it and record it. But my version (Master or recording) of Ave Maria that one can find on the Internet is not in the public domain – it is under Copyright, I am the Master Copyright owner. I may choose however to make it available for free but that does not make it Copyright Free. More about Composition and Master: http://www.premiumbeat.com/blog/royalty-free-music-licensing-copyright/
Laurie Todd
Do you mean to tell me that every person who uses a touching song on the video for their mother’s funeral should pay royalties for the song — or that they will get sued for infringement?
Gilles
Laurie – actually yes if music is used for more than private usage (home, car, iPod…) and therefore for Public Performance a permission from the Copyright holder to use that music is required. Most probably the funeral home already pays a license to the organizations in charge of Public Performances in its country. In the USA ASCAP, BMI and SESAC provide licensing for all businesses that are broadcasting music whether it is a restaurant, a store, or a funeral home… When you go to a restaurant the owner has paid a license to provide you with music while you wine and dine. In the USA it is also possible to get a Direct License (or permission) from the Copyright holder instead of paying the Performing Rights Organizations. The second part of your question is about getting sued: while in fact there is an infringement it is VERY unlikely someone would get sued for anything like that. It would be very silly. But think about it just from an ethical perspective – if I was to use your music to create my video don’t you think I should ask you for permission since it is your music? When you own the Copyright you are the one who decides who has the “right to copy” your work and under which conditions – whether it is for a video or anything else.
Beverly
Can I use the words to a song in writing a fictional book? Without getting copyright permission? For example I am going to refer to Randall Thompson’s Alleluia describing how it was sung.
Gilles
Hi Lee – not sure but I believe it would fall under “fair use” See http://en.wikipedia.org/wiki/Fair_use.
mat
what about taking someones song and doing a remix to it? For instance say you write a piece of music and someone simply speeds it up or slows it down and changes a couple of notes is that a copyright violation?
Gilles
Yes I would think so.
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Maggie McGuire
I understand that I cannot put copy righted music in my presentations as I do give a copy of the presentation to the participants. However, is it legal for me to organize music on my IPOD that I downloaded from I Tunes or personally paid for CD’s to use as mood music (before presentation, break time and end of presentation)?
kelly
If I were to show at the end of the presentation a slide that shows where I received my music (artist, cd name, year, etc.), is that considered to be ok or would I still be in trouble because I did not get permission.
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This is a very good article about music copyright myths. I was just searching the internet on how long you can play a track of music without having to pay royalty fees! I think you answered my question.
Thanks,
Tyron