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Q: uploading songs onto a website ( Answered,   1 Comment )
Subject: uploading songs onto a website
Category: Miscellaneous
Asked by: littlestitch-ga
List Price: $20.00
Posted: 10 May 2006 14:55 PDT
Expires: 09 Jun 2006 14:55 PDT
Question ID: 727418
Some friends and I are planning to create a website dedicated to
people living with HIV/AIDS. We wanted to have a selection of audio
files of songs (we wanted to call it "hivtunes" people can listen to
online we feel best embody some of the challenges of living with this
disease. Is this legal if we ensure
that they cannot be downloaded? We are based in the UK. if it is not
possible to have entire songs, how about clips?
Subject: Re: uploading songs onto a website
Answered By: webadept-ga on 17 May 2006 20:58 PDT

The bottom line is that you need a license to broadcast, stream or
share on your website, copyrighted material. There is no getting
around that, there are however some places that can help you get a
license and answer some questions about copyrights, such as LoudCity:
A good page is here: Building your dream - How to start an internet
radio station for as little as $20.

That's a fairly good alternative and allows for some extras as well.

The laws are fairly clear, but one thing that is a driving force on
all of them is, are you making a profit from the copyrighted material,
or are you taking money away from (damages) the artist and owners of
that material? If the answer is yes to either of these, then you are
breaking the law and could suffer some real losses of your own.

On idea I had when I first read this question, is the AMV's my son and
I create and show on our websites. AMV's (Anime Music Videos) are a
growing hobby for many on the Internet.

I'm not going on record and saying that these are absolutely legal,
but they are left alone, probably because they are more "promotion"
than anything else. For your website they maybe just the answer you
are looking for, because you can not only use the music but inspiring
visual effects as well, and with the Google Video service you can show
them on your website and attract traffic from the Google Video site to
your website as well.

Good Luck!


Subject: Re: uploading songs onto a website
From: rkrause-ga on 05 Jun 2006 08:48 PDT
Unfortunately, the answer provided above is incorrect. If you are
based in the United Kingdom, the firm mentioned will *not* cover you
as explained on their homepage.

Each country has different statutes in place for the exploitation of
sound recordings and musical compositions on the Internet -- most are
enacted based upon various international treaties (such is the case
with the Digital Millennium Copyright Act) and describe the specific
rates and terms for Webcasters. The UK is no different. You will need
to contact PPL and PRS as these two performing-rights societies in
your country will be able to provide you with the exact information
that you, as a Webcasters, need to ensure you are in full compliance
with the copyright law.

Keep in mind that whether or not you make a profit from the online
performance of the music compositions and sound recordings does NOT
absolve you  of your obligation to still pay royalties to the
songwriters, performing artists, and record producers.

It may be worth noting that SWCast Network is in the process of
negotiating a blanket license with the PPL. So they may soon be a more
feasible alternative.



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