 |
|
|
|
Next: Merchant accounts to avoid at all cost
|
| Author |
Message |
External
Since: Dec 21, 2005
Posts: 3
|
(Msg. 1) Posted: Wed Dec 21, 2005 9:31 pm
Post subject: Copyright status of music-related non-music contents
Archived from groups: alt>www>webmaster (more info?)
|
|
|
Hello,
I tried posting this at misc.int-property but I got no response. I'm
posting it here because you guys probably have some experience in this
department.
I'm building a website with music for which royalties are payed.
However, I would also like to include "features", such as clips from a
popular movie, reviews of a newly released album, and so on. To get an
idea of what I'm talking, you can visit mp3.com ("Features") or
allmusic.com ("Spotlight"). It's very common on music websites.
The problem is that I don't know what is the copyright status of
things like band/song/album/movie names, logos, etc. I know there are
lots of fan websites and non-profit websites like musicmoz that offer
similar features, and I don't believe they pay anything or have
obtained a license. However, since my website will be for-profit, I
would like to know how to approach this.
Any coments are greatly appreciated. Thanks!
Diego |
|
| Back to top |
|
 | |
External
Since: Dec 21, 2005
Posts: 3
|
(Msg. 2) Posted: Wed Dec 21, 2005 9:48 pm
Post subject: Re: Copyright status of music-related non-music contents [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
Mark Parnell wrote:
> Logos (and other artwork) on the other hand *are* subject to copyright -
> you'd have to obtain permission before using them.
What about fansites, musicmoz, musicbrainz, etc who display band logos,
album covers and such? I don't think they have licenses with record
labels or anything =/
Diego |
|
| Back to top |
|
| |
External
Since: Dec 15, 2005
Posts: 3
|
(Msg. 3) Posted: Thu Dec 22, 2005 1:48 am
Post subject: Re: Copyright status of music-related non-music contents [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
Mark Goodge wrote:
> It's probably fair use, so permisson isn't explicitly required.
> Personally, I wouldn't worry about it - if I were building such a
> site, I'd go ahead and use the material. The only thing that matters
> is that you have to be prepared to abide by a "cease and desist"
> notice if any of the copyright holders does decide that they don't
> want their material on your site. Provided you take down any offending
> material if/when requested, you are in no danger of being sued.
I was thinking along those same lines. Plus, I'd be using the content
to sell music, which pays royalties, which ultimately end up with the
label/artist. So the more I sell, the better for them. I will still
inquire some more with the companies I work with, but I don't think it
should be a problem. Thank you guys for your answers 
Diego >> Stay informed about: Copyright status of music-related non-music contents |
|
| Back to top |
|
| |
External
Since: Nov 29, 2005
Posts: 235
|
(Msg. 4) Posted: Thu Dec 22, 2005 1:55 pm
Post subject: Re: Copyright status of music-related non-music contents [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On Thu, 22 Dec 2005 10:46:35 +0000, Davémon <"davémon"@nospam.com>
posted something that included:
>If you're doing it for commercial reasons it isn't fair use.
That's patently not true.
If you are doing a Roger Ebert type show, you're allowed to show small
clips of copyrighted movies without requesting permission, under the
fair use provision.
>not true. Yes its likely you'll be asked first, but if your breach is
>massive, like a database of every Sony album cover, it's likely the first
>you'll hear is a court summons.
That's patently not true. Good lawyers will *always* negotiate an
out-of-court settlement first, rather than incur expensive filing
fees, and the risk of losing the suit.
>You can't be 100% sure that copyright of the artwork is owned by the label,
>it's possible it's only licenced to them (as is the case with book
>publishing), which might not include /your/ uses, and royalties may be due
>to the designers.
You're ignoring the laws of economics. That trademark art is going to
belong to the trademark owner is as certain as death and taxes
--
If we're losing 40-130 species a day,
How come nobody can itemize them?
And why can't fruitflies be one of them? >> Stay informed about: Copyright status of music-related non-music contents |
|
| Back to top |
|
| |
External
Since: Jul 14, 2003
Posts: 1188
|
(Msg. 5) Posted: Thu Dec 22, 2005 10:06 pm
Post subject: Re: Copyright status of music-related non-music contents [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
Mark Parnell wrote:
> Deciding to do something for the good of humanity, <correo DeleteThis @ironcito.com>
> spouted in alt.www.webmaster:
>
>
>> The problem is that I don't know what is the copyright status of
>>things like band/song/album/movie names, logos, etc.
>
>
> Names can't be copyrighted. They could potentially be trademarked, but
> as long as you are using them to talk about the band/song/album/movie in
> question, it's not an issue.
>
> Logos (and other artwork) on the other hand *are* subject to copyright -
> you'd have to obtain permission before using them.
>
> As usual, IANAL.
>
Mark,
Close. Here in the U.S., logos are trademarked - not copyrighted.
--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.
jstucklex DeleteThis @attglobal.net
================== >> Stay informed about: Copyright status of music-related non-music contents |
|
| Back to top |
|
| |
External
Since: Dec 18, 2005
Posts: 160
|
(Msg. 6) Posted: Sat Dec 24, 2005 2:35 am
Post subject: Re: Copyright status of music-related non-music contents [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
"Jerry Stuckle" | >
| >
| >> The problem is that I don't know what is the copyright status of
| >>things like band/song/album/movie names, logos, etc.
| >
| >
| > Names can't be copyrighted. They could potentially be trademarked, but
| > as long as you are using them to talk about the band/song/album/movie in
| > question, it's not an issue.
| >
| > Logos (and other artwork) on the other hand *are* subject to copyright -
| > you'd have to obtain permission before using them.
| >
| > As usual, IANAL.
| >
|
| Mark,
|
| Close. Here in the U.S., logos are trademarked - not copyrighted.
Everything is covered by copyright, some are additionally covered by
trademark. We file copyright on everything and LICENSE the use, even for
work product that is ultimately/eventually trademarked. >> Stay informed about: Copyright status of music-related non-music contents |
|
| Back to top |
|
| |
External
Since: Dec 18, 2005
Posts: 160
|
(Msg. 7) Posted: Sun Dec 25, 2005 3:46 pm
Post subject: Re: Copyright status of music-related non-music contents [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
"Mark Goodge" <usenet.DeleteThis@listmail.good-stuff.co.uk> wrote in message
news:kkmkq1tkehk17b8qah67r23ppjseod02a2@newnews.markshouse.net...
| On Thu, 22 Dec 2005 16:52:49 +1100, Mark Parnell put finger to
| keyboard and typed:
|
| >Deciding to do something for the good of humanity, <correo.DeleteThis@ironcito.com>
| >spouted in alt.www.webmaster:
| >
| >> What about fansites, musicmoz, musicbrainz, etc who display band logos,
| >> album covers and such? I don't think they have licenses with record
| >> labels or anything =/
| >
| >AIUI that's technically a breach of copyright. Whether the copyright
| >holder chooses to enforce that or not is a different matter. Most won't
| >mind, as it is free publicity for them. But if it were me, I'd be
| >contacting them to ask for permission first. I doubt any of them would
| >actually charge you for it, but you really should get their permission.
|
| It's probably fair use, so permisson isn't explicitly required.
| Personally, I wouldn't worry about it - if I were building such a
| site, I'd go ahead and use the material. The only thing that matters
| is that you have to be prepared to abide by a "cease and desist"
| notice if any of the copyright holders does decide that they don't
| want their material on your site. Provided you take down any offending
| material if/when requested, you are in no danger of being sued.
Asking forgiveness i.e. I'll sin no more is not always an effective option
to avoid having to pay damages. >> Stay informed about: Copyright status of music-related non-music contents |
|
| Back to top |
|
| |
External
Since: Dec 18, 2005
Posts: 160
|
(Msg. 8) Posted: Sun Dec 25, 2005 3:48 pm
Post subject: Re: Copyright status of music-related non-music contents [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
"ironcito" <correo.TakeThisOut@ironcito.com> wrote in message
news:1135244926.584207.184930@g43g2000cwa.googlegroups.com...
| Mark Goodge wrote:
|
| > It's probably fair use, so permisson isn't explicitly required.
| > Personally, I wouldn't worry about it - if I were building such a
| > site, I'd go ahead and use the material. The only thing that matters
| > is that you have to be prepared to abide by a "cease and desist"
| > notice if any of the copyright holders does decide that they don't
| > want their material on your site. Provided you take down any offending
| > material if/when requested, you are in no danger of being sued.
|
| I was thinking along those same lines. Plus, I'd be using the content
| to sell music, which pays royalties, which ultimately end up with the
| label/artist. So the more I sell, the better for them. I will still
| inquire some more with the companies I work with, but I don't think it
| should be a problem. Thank you guys for your answers
If you're selling legitimate product I'd check with your suppliers as there
are usually specific arrangements on the use of Logo/trademarks etc in the
promotion of the product. What will get you into hot water is using one
company's logo/trade mark to promote another company's products. >> Stay informed about: Copyright status of music-related non-music contents |
|
| Back to top |
|
| |
External
Since: Dec 18, 2005
Posts: 160
|
(Msg. 9) Posted: Sun Dec 25, 2005 3:51 pm
Post subject: Re: Copyright status of music-related non-music contents [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
"Davémon" <"davémon"@nospam.com> wrote in message
news:1olucxwiutavu.hjmalvul4xkk$.dlg@40tude.net...
| ironcito arranged shapes to form:
|
| > Mark Goodge wrote:
| >
| >> It's probably fair use, so permisson isn't explicitly required.
|
| If you're doing it for commercial reasons it isn't fair use.
Fair use make no distitiion if used for commerca/non commecal application.
|
| >> Personally, I wouldn't worry about it - if I were building such a
| >> site, I'd go ahead and use the material. The only thing that matters
| >> is that you have to be prepared to abide by a "cease and desist"
| >> notice if any of the copyright holders does decide that they don't
| >> want their material on your site. Provided you take down any offending
| >> material if/when requested, you are in no danger of being sued.
| >
|
| not true. Yes its likely you'll be asked first, but if your breach is
| massive, like a database of every Sony album cover, it's likely the first
| you'll hear is a court summons.
The determination is strickly up to the copy right holder. >> Stay informed about: Copyright status of music-related non-music contents |
|
| Back to top |
|
| |
| Related Topics: | 30 sec music files - Is there a host that would allow storage of 30 sec each music samples files? Main website that sells CDs will have multiplied links to those files. Bandwith needed min. 2 Gig monthly.
How to go about permission to play music? - How to go about getting permission to play music on website? Plan is to use a catchy 30 seconds of a popular 1970's hit tune looped, with an on off button off course but would like it all legal and above board. Based in the UK, any websites, help,..
Copyright Protection ? - How do I recieve copyright protection for my website ? SBA
Copyright question? - Firstly is there anywhere online I can check the copyright of someone in Australia like I can here with US copyright? Secondly I get this request from a gentleman asking me to credit him for a poem I put on my site as written by author unknown. The..
Copyright notices - Everyone remember to update their copyright notices?? Reason I mention it is, I forgot, until now that is! -- Charles Sweeney |
|
You can post new topics in this forum
You can reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
|
|
|
|
|
FAQ
Profile
Private Messages
Log in
