Legal Question in Intellectual Property in Missouri
Not-for-profit use of msuic sound clips on web site.
I have a web site shich provides free promotion of Independent music artists. I do not charge the artists for being listed and I post nothing without gaining artist approval first. I don't sell anything on the site and do not take orders for artists. I want to post some short sound clips of these artists in an effort to increase the interest of visitors to the site. I would not use anything which the artist did not grant permission to use. Each clip would be related to the album review I wrote for the artist and which the artist read and approved prior to it's being posted. Do you see any problems with my doing this?
2 Answers from Attorneys
Re: Not-for-profit use of msuic sound clips on web site.
Provided your waivers and releases are in good form, you can do what you propose. You may find that the artists are less cooperative when you give them bad reviews. I guess you already expect that.
Re: Not-for-profit use of msuic sound clips on web site.
I would add to my colleague that you will also have to look for approval of others that may have rights: recorded music is most often owned by the producing label. Songwriters and, if applicable, publishers are further rightholders.
The artist's approval is crucial though and an excellent start. Independent artists will more often than not be able to provide for the above as well (that may become trickier if major labels are involved).
Anyway, sounds like a good project providing for much needed promotion. I wish you all the best!
Volker Hirsch
-Rechtsanwalt-
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