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Protecting Your Website Legally From the Music Industry
In a connected world where businesses appear like dandelions and anyone with a computer can host video, audio and content based articles to be shared online, it is increasingly important to understand the legal risks. Possibilities that online businesses face.
Most online businesses use rich media on their website, such as video or music. What most do not know is that even the smallest S-Corp can find itself in hot water with the industry Music, if you do not understand the basics.
The purpose of this article is to focus on the use of production music (any music on your site that you do not create yourself) and how you can protect your business or yourself from copyright infringement.
What is music production?
Production music is music intended to be used in connection with websites, movies, corporate videos, TV shows, commercials, Internet video, multimedia and other media formats that require music.
If you’re used to listening to radio commercials, commercials, or listening to music on video game menus, you may have heard of production music.
The production music library covers a wide range of genres, providing music for most tastes at different quality levels. Traditionally, production music comes in shorter lengths. These lengths are usually 30 seconds, 60 seconds, and 90 seconds. Production music also has various variations known as full and reduced versions. The reduced version is identical to the full version, except for one or two main tools that have been removed.
Who uses production songs?
Production music is most widely used by industry professionals such as video editors, producers, music managers, videographers and creative directors. Even more so, it is being used by related volunteers for podcasts, video streaming and more.
How do I get a license?
Something called a synchronization license, or synchronization license, must be obtained for the music in question before it can be used in any audio-visual production, such as motion pictures, commercials, television commercials, video productions, or websites.
Synchronization licenses come in different shapes and sizes. The two most popular are the Drop License and the Blanket License. They are most commonly created by production music publishers such as Slynth (www.slynth.com).
How do I get a sync license?
Production music publishers will usually provide music licenses on what is called a aka Drop License, or quilt license.
The Drop License is a license that requires payment for each song. Prices for each song vary depending on the type of production the song is using. The rule of thumb when determining the price of a license drop is – the more viewers, the higher the price. (Rate cards can be requested with a drop license.)
Blanket license is a license that gives the user a limited number of music selections or unlimited use of music selection in any production. The difference between a blanket and a drop license is that a drop is issued for a blanket song for many people. Quilt licensing involves dozens of variables, so it usually requires some negotiation. Places like radio stations or nightclubs will often require a blanket license.
Is the synchronization license the same as the performance license (permission from the musician)?
Unfortunately, it is not. Obtaining a synchronization license does not prevent you from obtaining legal permission from the artist. And seeing that musicians are not known for their knowledge of the legal system, you might imagine that getting such a license is actually more difficult. In fact, the opposite is true.
The reason for the relative ease of obtaining a performance license is that most musicians are represented by one of the two agencies, or the “right society of practice”, which governs the legal language. These societies control the rights of performers and see it that artists get paid when you play their songs in “public” places.
Social rights practices such as ASCAP, BMI and SESAC raise money for authors and publishers. These societies govern licensing practices and should be consulted before you publish any final work.
Who needs a process license?
Anyone who uses copyrighted music in public places, including their radio and television stations and / or networks, all new media such as the Internet and mobile technologies such as ringtones and ringtones, satellite services such as XM and Sirius Disco Club Night bar, restaurant. Hotels and other places. This includes digital boxes and live concerts. All should be licensed to practice.
What happens if I do not have a license to operate?
Production music users are at risk of infringing on copyright without a license from the rights organization. If you are a person with a small audience and no real money (meaning you are not a business) then you are at low risk of being sued for copyright infringement.
However, if you are an individual with a large audience or you are a business or institution and you fail to get the right license, be prepared to hire a lawyer.
The basic rule of thumb with rich media on your website is this: If you are going to use audio without a license, make sure no one sees it. This can be a difficult rule for most webmasters to deal with as the purpose of the internet business is seen. Although it is more expensive than “free”, the best option for a site with a large audience is to secure and purchase the required license.
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