Legal Question in Intellectual Property in California

Re: music on websites

Your activities could be deemed infringing depending on the nature and extent of your use. You can look at the United States Copyright website for more information on the subject. It is located at: http://lcweb.loc.gov/copyright/

Re: music on websites

Generally, federal copyright law applies equally to the Web as to all other things online or offline. While federal law allows for "fair use" of copyrighted material, no one can tell you in advance whether your use is fair. The determination is based on several factors. Learn more about fair use at the US Copyright Office web site: http://www.loc.gov/copyright/faq.html#q47

The Copyright Office is working out a way for web site owners to pay royalties for use of music. Learn more at http://www.loc.gov/copyright/carp/

Re: music on websites

I would have to look at your website before I could analyze your case. However, as a general rule, reproducing music on a website without a license is copyright infringement.

In addition, you should consider putting "terms of use" on your website to protect you legally against certain types of liabilities. I have prepared many terms of use for clients.

You can see my bio at http://www.schinner.com/html/the_schinner_law_group_-_d__al.html

Re: music on websites

It really depends upon how (and how much) you are using the music. If your site contains reviews of artists, for instance, it might be considered "fair use" for you to include a brief (few seconds) clip from the songs/albums reviewed.

On the other hand, if you are using the music simply to enhance your site, no amount would be considered "fair use."

The above assumes that the music you are using is copyrighted. If the artist has provided his/her music free of charge and declared it to be public domain (which may happen, for instance, if a new artist wants his/her music to be heard and does not expect to make money off of initial efforts), there is no problem.

For more information regarding copyright, check the U.S. Copyright Office home page.