Use of music on website/cd business card!

ConsultClifford · 05-06-2003 03:43PM #1

Any 1 know what the legal complications are with regard to using an mp3 on a website or on a business Card CD?

Seth Brundle · 05-06-2003 03:51PM

if you don't own it then you would probably have to pay royalties. There is also the issue that the music was copied into MP3 format without the owners permission (most CDs etc. have a clause on the back stating that the music cannot be reproduced or copied) and given that the companies are on the MP3 warpath it could be tricky.
You are best off talking to an experienced solicitor

ConsultClifford · 05-06-2003 04:05PM

music would be embedded in flash swf file? therefore no one could prove it was changed to mp3........... still illegal?

Seth Brundle · 05-06-2003 04:14PM

"All rights reserved. Unauthorised copying, reproduction, hiring, lending, public performance, and broadcasting prohibited."
Taken from the Slayer CD on my desk! I assume all other CDs have same/similar.
How many of those rules would be broken by placing MP3 into SWF and then onto website?

The Corinthian · 05-06-2003 05:11PM

Originally posted by ConsultClifford
music would be embedded in flash swf file? therefore no one could prove it was changed to mp3........... still illegal?

If you don't get caught, it's not illegal? :rolleyes:

As for being embedded in flash file - if it's compiled, it can be decompiled. At the very least, my guess is while it is embedded it probably is not encrypted and a binary search would quickly reveal mp3 headers.

In short, as kbannon pointed out without the artists permission (i.e. paying the appropriate royalties) it is illegal.

the Guru · 05-06-2003 05:13PM

Killions Right If you dont own it you can use it with out permission of the Owner or Copyrighter

Seth Brundle · 05-06-2003 06:07PM

On a similar note here are 3 music related articles where the industry is trying to overcome those who use files illegally:
http://www.internet-magazine.com/news/view.asp?id=3462
http://www.internet-magazine.com/news/view.asp?id=3380
http://www.internet-magazine.com/news/view.asp?id=3370

mneylon · 06-06-2003 08:14AM

There are a lot of royalty free music sites available which could offer you something to fit your needs without breaking any laws.

dahamsta · 06-06-2003 09:01AM

It doesn't matter if you rip the audio into MP3 or some freaky format you wrote yourself that rips to eight times the filesize of a WAV. It's the /copying/ that counts, not the format. If in doubt, get in touch with IMRO. If might be cheaper than you think. Or enormously more expensive.

adam

06-06-2003 02:08PM

Jeez there's some crap spouted here. Making an MP3 isn't illegal. It falls under the authorised copying bit.

Producing something using a song will mean you have to pay royalties. Contact IMRO for specific details.

Also, when they tell you some extraordinary price, tell them to sod off, and offer a much lower one.

Rgds,

- Kevin

Seth Brundle · 06-06-2003 02:41PM

and your source for this is?
If you look at the quote in my post of 05-06-2003 16:14 I assume that if you convert a CD Track to MP3 it does not "falls under the authorised copying bit" (P's quote) but in fact falls under the Unauthorised copying, reproduction bit.

Use of music on website/cd business card!

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