Discussion:
TX - I run an online literary magazine and was wanting to have a contest where the writers would submit a story with a song as a "soundtrack" to the story. Then, the readers would play the song as they read the story. The song would be fully credited and there would be no lyrics or references to the song allowed in the story. And, the website is free to the public, we don't make any money off readers or submitters.
THE ONLY money that may be exchanged (and this isn't finalized yet) would be that the winner may get a prize, but this would not be AT ALL based on the song, only on the writing of the story.
Would this be considered "fair use" ??
ANY help is very much appreciated!! Thanks!
Answer:
TX - I run an online literary magazine and was wanting to have a contest where the writers would submit a story with a song as a "soundtrack" to the story. Then, the readers would play the song as they read the story. The song would be fully credited and there would be no lyrics or references to the song allowed in the story. And, the website is free to the public, we don't make any money off readers or submitters.
THE ONLY money that may be exchanged (and this isn't finalized yet) would be that the winner may get a prize, but this would not be AT ALL based on the song, only on the writing of the story.
Would this be considered "fair use" ??
ANY help is very much appreciated!! Thanks! You need a license to legally play a song on your website. Contact ASCAP and/or BMI to obtain a license to play the songs.
Answer:
But if that's the case, wouldn't there be millions of people violating those laws?
For example, MySpace and Xanga users?
Better yet, wouldn't those companies themselves be violating those laws by allowing such content on their sites?
Thanks,
Luke
Answer:
It can actually be a pretty good deal. If you contact the record company to get permission sometimes they send you promotional items...
Answer:
But if that's the case, wouldn't there be millions of people violating those laws? Sure. Millions of people exceed the speed limit when they drive, too --that doesn't mean that YOU won't get caught, or that YOU will have an excuse if YOU get caught.
Better yet, wouldn't those companies themselves be violating those laws by allowing such content on their sites? They could potentially be liable for contributory or vicarious infringement. It will depend on how much control they exercise over the postings -- generally, the less control they exercise, the more likely it will be that they will fall under the "safe harbor" provisions in the copyright law.
Answer:
Hrmm.. I'm interested in those safe harbor clauses.
Can you please check out Post:
I'm worried about RIAA or something like that.
Thanks a ton, really appreciate it!
-Luke