Legal Question in Technology Law in California
How to legally run a Ringtone (MIDI file) website online?
Hello,
I run a website that allows users to download MIDI files (which are ringtones for cell phones and other uses) for free. I make no profit from the download of these files, the only money that does come in is from Google Advertisement banners that run on the site.
Since Napster and the new digital laws that are inplace, I heard that sites like mine may not be legal. I have heard that a site like mine would need licenses from BMI and ASCAP to distribute the files. My question is what part of this true and what happens if I do not get these licenses? Please provide me with as much information as you can, I would like to make sure I am not doing anything illegally.
Thank you
1 Answer from Attorneys
Re: How to legally run a Ringtone (MIDI file) website online?
If the ringtones have been copyrighted and you neither own the copyrights nor have a license from the owners then you may not distribute the files. The fact that you don't charge for them is beside the point.
The copyright owners can get an injunction ordering you to stop distributing the tones and can get an award of damages, though offhand I don't know how these damages would be calculated. They could also get an order requiring you to turn over all the money you have made from links and ads on your site. Theoretically you could also be prosecuted, but this is not likely to happen.
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