In the connected world, where businesses pop up like dandelions and anyone with a computer can upload video, audio and text-based content to be shared across the web, it is of growing importance to understand the potential legal ramifications associated with these technical advancements.
Most internet businesses make use of some sort of rich media on their websites such as video or music. What most don’t realize is that even the smallest S-Corp can find itself in hot water if it doesn’t understand the basics.
The intent of this article is to focus on the use of production music (music on your website) and the ways you can protect your business or yourself from copyright infringement.
What is production music?
Production music is music intended for use in connection with films, corporate videos, Television shows, commercials, Internet video, multimedia and any other form of media that requires music.
If you’ve ever listened to an advertisement on the radio, watched an infomercial, or heard menu music on a video game, then you have probably heard production music.
Production music libraries cover a multitude of genres, providing music for most tastes at varying levels of quality. Traditionally, production music comes in shorter lengths. These lengths are normally 30 seconds, 60 seconds and 90 seconds.
Production music also comes in different variations known as full and reduced versions. Reduced versions are identical to full versions with the exception of one or possibly two of the main instruments having been removed.
Who uses production music?
Production music is most widely used by industry experts like; video editors, producers, music supervisors, videographers, and creative directors. Although increasingly, it is being used by relative amateurs for websites, podcasts, streaming video and more.
How do I Get a License?
Something called a Synchronization License or Sync License must be obtained for the music in question before it can be utilized in any audiovisual production, such as a motion picture, television program, television commercial, video production, or website.
Sync Licenses come in different shapes and sizes. Two of the most popular are a Drop License and Blanket License. They are most commonly made available by production music publishers such as Slynth (www.slynth.com).
How do I get a Sync License?
Production music publishers will usually license music on what is called a needle drop (a.k.a Drop License) or a Blanket License.
A needle drop or Drop License is a license that requires payment for individual songs. The prices for each song vary depending on the type of production in which the song is being used. The rule of thumb when pricing Drop Licenses is - the larger the audience, the higher the price. (Rate cards can be requested with Drop Licenses.)
A Blanket license is a license that affords a user either a set number of music selections or unlimited use of music selections in any given production. The distinction between a blanket and drop license is a drop is issued for one song, a blanket for many. Obtaining a blanket license involves dozens of variables, so it usually requires some negotiation. Venues such as radio stations or night clubs will often require blanket licenses.
Is A Sync License the Same as a Performance License (Permission from the Musician)?
Unfortunately, no it isn’t. Obtaining a Sync License doesn’t absolve you from getting legal permission from the artist. And, seeing as musicians aren’t known for their knowledge of the legal system, you might imagine that obtaining such a license would be rather difficult. In actuality, the opposite is the case.
The reason for the relative ease of obtaining a Performance License is most musicians are represented by one of two agencies or “performance right societies” that handle the legal jargon. These societies manage the right of performers and see to it that artists get paid when you play their songs in a “public” venue.
Performance rights societies such as ASCAP, BMI and SESAC collect monies for composers and publishers. These societies handle Performance Licenses and should be consulted before you publish any finalized work.
Who needs a performance license?
Anyone who uses copyrighted music in a public place including radio and television stations and/or their networks; all new media, like the Internet and mobile technologies such as ringbacks and ringtones; satellite services like XM and Sirius; discos, nightclubs, bars, restaurants, hotels, and other venues. This includes digital jukeboxes and live concerts. All should obtain a performance license.
What happens if I don’t have a performance license?
Production music users are in danger of copyright infringement without a license from a performing rights organization. If you’re an individual with a small audience and no real money (ie you’re not a business), then you are at lower risk of having suit brought against you for copyright infringement.
However, if you’re an individual with a large audience or you’re a business or organization and you fail to obtain the proper licensing, be prepared to hire a lawyer.
The basic rule of thumb with rich media on your website is this: If you’re going to use audio without a license, make sure no one sees it. This may be a difficult rule for most webmasters to cope with, as the purpose of internet businesses is to be seen. Remember the best choice, if you have a large enough audience, is to be safe and purchase the required licenses.
This article was written by Mike Bradbury. Mike is an employee of Objectware, Inc an Atlanta Web Design and Atlanta Search Engine Optimization Company. Mike creates search engine visibility for clients in the Atlanta and Washington DC areas.
Did you ever wonder what kind of person would think up a travesty like the Unlawful Internet Gambling Enforcement Act of 2006? (UIGEA) The underhanded tactics used to ram this bill through congress have been thoroughly covered by this author and many others. But what about the people behind this law? What kind of people are they and how and why do they think the way they do?
The bill had 3 or 4 main sponsors the main three being Bill Frist, John Kyl, and Bob Goodlatte all Republicans. Of the lot Bill Frist takes the cake for sheer hypocrisy and criminal activity. While Mr. Frist was making decisions about how law abiding Americans could spend their money he was involved in one of the largest Medicare and Medicaid scams ever to be perpetrated on the American taxpayer. Mr. Frist was already an extremely wealthy man when he came to congress. His family owned the Hospital Corporation of America the largest for profit hospital group in the United States. Over billing, kickbacks to doctors, and outright abuse of the system resulted in a fine of 630 million dollars in a settlement reached with the Department of Justice. In a sweetheart deal arranged by members of the Bush administration not one person served jail time. While ripping off the taxpayer Mr. Frist constantly engaged in ‘family values’ rhetoric designed to pander to a tiny minority or religious extremists. Before this scandal occurred Mr. Frist was caught insider trading and dumping stock before it hit the fan for his family’s corporation. Of course he was never prosecuted. And who can forget his long distance diagnosis of Terry Schiavo. His long distance diagnosis of Schiavo drew the ire of medical ethicists from around the globe. This is a guy who thinks gambling is immoral? Fortunately for the United States he is no longer in office but it will take years to undo the damage done by UIGEA.
Next we come to John Kyl of Arizona. To this day Mr. Kyl is pushing for stricter enforcement of UIGEA. He recently sent a letter to Bush urging him to increase enforcement of UIGEA. A closer look at Mr. Kyl reveals a lot. Mr. Kyl has a long standing relationship with the racist and anti Semitic John Birch Society as evidenced by his opposition to a Martin Luther King holiday in Arizona. He opposed funding for more armor on HMV’s to make them safer for those troops serving in Iraq. What is mind boggling is the fact that in 2002 Mr. Kyl sponsored a bill that would prevent internet jamming or censorship by other countries and then introduces a draconian bill that censors the internet in the United States. Of course organized crime was ecstatic over the passage of UIGEA because it allows them to assume their old role as the main providers of gambling in the US.
And then there’s Bob Goodlatte. While Mr. Goodlatte doesn’t like gambling much he accepted campaign contributions from the horse racing industry. When several journalists pointed out that Goodlatte had received $40,000 from the horse racing industry Mr. Goodlatte made a public show of giving the contributions back. He then proceeded to establish what he called a ‘good fund’ which accepted contributions of $15,000 from the horse racing industry which Mr. Goodlatte did not give back. In keeping with his peculiar ‘family values’ he voted to deny care to those too poor to afford the co pay for treatment under Medicare. Oh yeah, he wants to privatize one of the few government programs that actually works, social security. Another shining example of those who want to dictate morality to US citizens.
Fortunately for the American public Mr. Frist is no longer in congress and his presidential aspirations have been quashed forever. It boggles the mind to imagine what a Frist administration would be like. On the other hand both Kyl and Goodlatte are still in congress pursuing their nightmarish agenda. Just recently Kyl sent a letter to Bush urging him to rigorously enforce the regulations in UIGEA. Goodlatte continues to be active promoting right wing causes and legislation. So far none of the presidential candidates have stated a clear position on online gaming. Inquiries to several candidates of both parties drew generic responses that totally dodged the questions asked. The most effective way to affect change is through members of congress. Believe it or not most representatives and senators pay attention to what their constituents say and past legislation has been influenced by well orchestrated campaigns organized by relatively small groups of issue oriented citizens. Let your representatives know how you feel about the restrictions placed on your right to engage in an activity that harms no one.
Recognizing The Signs of Fraud
Financial scams have been on the rise around the world, and unfortunately, have been rising in sophistication. Fraud was introduced to the Internet most notably by the Nigeria 411 scams, i.e. advance fee fraud. That was then, this is now.
Scammers today are using worldwide access to the Internet to their advantage. Accounts such as webhosting a new website, bank and credit accounts can now be easily opened on the Internet, from any location. Having some false identification gives the scammer the upper hand here, as he has essentially created an alias with little, if any, traceable information.
The False Website Approach
Many financial scams are taking the form of the classic advance fee fraud, but with a higher level of sophistication and tactics. Websites are often created with templates or a design is stolen from another reputable and legal investment company. Once the site is complete, the criminal has created what appears to be a legitimate website and company. The headquarters for these fictitious firms are often located in the United States, so the website claims. These sites are mearly a tool for fraud.
How to distinguish a real investment website from a fraudulent one? Search Google and Yahoo for the company to determine if there are other sites referencing the firm. Check the site itself to see if the firm has contact information. A website without an address or phone number is a red flag for potential fraud or scam. Search phone directories for the firm’s telephone number. Lastly, check with the SEC’s website for signs on how to recognize these investment scams, and to verify registration of the firm.
Knowing the Signs of Fraud
Although the level of sophistication in these scams continues to rise, an educated consumer can know the difference. Scammers today always contact their victims with an offer - the potential victim has been selected. The firm representative may speak perfect English, and even understand investments and asset management. He may even request you submit an IRS form and other documents. Bottom line, this person will request personal data and/or payment promptly and without ever meeting you. Be skeptical and ask for the firms’ references and SEC filing.
Getting Verification
If you’ve searched the Internet for references, checked local phone listings, maybe even contacted the SEC for verification, and spoke with company representatives and claimed references - and you’re still not sure? Contact a professional investigation company, like Wymoo International or Philippine PI for help. Get the facts on who your dealing with - then decide.