Legal Question in Intellectual Property in Georgia
Music on website
Do I need to obtain written persmissions to use a portion of a song on my website. I am not selling the music; it is just a background in the intro.
2 Answers from Attorneys
Re: Music on website
Probably. Even if you are not selling the music, it sounds like you are using it to sell something on your website.
Re: Music on website
Unless you have a "fair use" as set out in the US Copyright Law (see scn 107) your use is a public performance via the Internet and you may be infringing the copyright of the song. You would need to contact the applicable performing rights society (e.g., ASCAP, BMI, etc.) and complete their license. There is a fee. You can find out which society controls the song by checking the CD if you have it or going to each society website and researching the song title, writer, etc. Depending upon how much revenue and/or page views your site generates it may not be worth it. You also need to be aware that if the use of the song is directly from a recording (e.g., a song by Black Eyed Peas) you would need permission from the recording company as well.