Discussion:
ILLINOIS -
I have a site that is a an online magazine (webzine). We report on local and International Music news. This started off as a hobby a few months ago but we are planning on formalizing it into a business. Part of what we do is review CD's and post the TOP 10 LIST from a local radio station.
I would like to legally include SAMPLES (30 seconds to 1 minute long) of the songs from the CD's we review and the songs on the TOP 10 LIST for visitors to listen to. I have checked everywhere (ASCAP, BMI, RIAA, the Copyright Office's Site, The Digital Copyright Millenium Act) and have found no clear answer. I've read that record companies may wave their rights in these cases because it is promotion for their music but that ASCAP or BMI may not have done so.
It seems to border upon whether the sample is being used under the "fair use" clause of copyright law. Is there any blanket clause that allows for this playing of music samples if it is indeed promoting the artist's music? I am trying to imagine how Amazon does it because they provide samples of almost every CD they sell. (We MAY become an online retailer as well in the future).
Answer:
ILLINOIS -
I have a site that is a an online magazine (webzine). We report on local and International Music news. This started off as a hobby a few months ago but we are planning on formalizing it into a business. Part of what we do is review CD's and post the TOP 10 LIST from a local radio station.
I would like to legally include SAMPLES (30 seconds to 1 minute long) of the songs from the CD's we review and the songs on the TOP 10 LIST for visitors to listen to. I have checked everywhere (ASCAP, BMI, RIAA, the Copyright Office's Site, The Digital Copyright Millenium Act) and have found no clear answer. I've read that record companies may wave their rights in these cases because it is promotion for their music but that ASCAP or BMI may not have done so.
It seems to border upon whether the sample is being used under the "fair use" clause of copyright law. Is there any blanket clause that allows for this playing of music samples if it is indeed promoting the artist's music? I am trying to imagine how Amazon does it because they provide samples of almost every CD they sell. (We MAY become an online retailer as well in the future). If such a use is a fair use -- and it might be -- the problem with relying on fair use is that fair use is a defense to an infringement case, and not a right that you can assert. In other words, if someone accuses you of infringement, you can't wave "fair use" in there face and make the case disappear -- the best you can do is assert "Fair use" as a defense to the charge of infringement. Furthermore, fair use is a balancing test (see 17 USC 107 and Campbell v. Acuff-Rose Music), and how things are balanced will depend on all of the facts of the case. So its kind of risky to rely on fair use.
Have you contacted Amazon to see how they got permission to use the samples?