Sunday, December 30, 2012

Music Business/Law Tip - "Fan Web Music Posting Issue"

If a fan wants to post someone else's music on their web or social media site, they need to be aware of the following potential infringement concerns that might be raised by the owner of the music. By making someone else's music available on their web or social media site - even if they are not selling it - the fan could still be held liable for copyright infringement because of the following factors: display of music on the site, owning the site, control of the content on the site, uploading the music to the site. Even though the fan/site is not tryihng to "profit" from someone else's music per se, having it avaiable to hear or download for free from the fan site arguably damages the true owners chance to sell it, or control how it is heard. Hence, always be careful and try to obtain permission before posting music (especially if its by a major artist that has resources). In reality a take down letter is probably the worst case scenario, but an upset owner may pursue an infringment claim. Ben McLane Esq

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