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I was just wondering if anyone knows if it is legal to have audio clips on your website. i.e. for a band that plays cover songs and wants to let people hear their live recordings. =============
You'd have to seek permission first, and acquire the correct Licences from the artist/agent/record studio to use the audio. =============
If it is my band, with a recording of my band playing a well known song, is it illegal for me to put that recording on my website? I don't see why I would need an agent or record studios permission. Maybe the copyright owner of the song?
If so does anyone know what license I would need and where to get it? =============
There are a couple of different forms of copyright to consider, and in my experience working with tribute bands, a lot of them don't seek permission to record the covers.
If you're just putting on live recordings you probably don't need to worry about mechanical copyright (that covers the recording of the audio) but you may want to get in touch with PRS (http://www.mcps-prs-alliance.co.uk/Pages/default.aspx) about securing the rights to the original music and lyrics.
In short Diggler, it's a bleedin' minefield! =============
The reason I ask is because my site allows users to upload demos of their band for their profile. If I were to add a disclaimer telling my users that they are responsible for obtaining the proper permission and paying any royalties, and I can't be held responsible for any breach of this, would that work? =============
You obvisouly don't need the licenses from the bands if they're doing it themselves, I mis-interpreted your original post.
In your terms and conditions of registration, you're best stating that they're responsible for obtaining all permissions and will be responsible for any fees arriving from not having it. =============
That would probably work - it seems to work for MySpace - but you'll want to be prepared to take any files down if the rights owners object. Fox and Google have a team of extraordinarily well-paid lawyers to deal with those claims, and if you don't you're probably best to roll over and say sorry if someone tells you you're breaking copyright. =============
Your best source of information is likely to be the Musicians Union whose link is as follows:-
http://www.musiciansunion.org.uk
They are sponsors of the "Keep Music Live" slogan and can provide licensing in respect of covers. =============
If I were to add a disclaimer telling my users that they are responsible for obtaining the proper permission and paying any royalties, and I can't be held responsible for any breach of this, would that work?
That would work up to a point. If the owner of a song were to contact you and ask for it to be removed (because the band didn't get permission) you would probably have to act or you may become liable. =============
Hi Diggler,
Your idea of a disclaimer sounds somewhat dodgy as if the band haven't permission to use the work of a songwriter you automatically don't have permission. You's need to check if a band has permission to use copyright material before adding that band's music to your site.
I'm not certain about bands playing cover songs but I'm sure singer / songwriters would be delighted to hear from people interested in putting their music on their websites as a number
of these guys find it difficult to get their work heard.
I have music from a Belfast musician on my MySpace page.
ChristopherP =============
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