Originally Posted by
Stiv_
dude i was on the same issue as yerself. i got a plain n simple answer NO! u aint allowed any kinda music like that not even for a bkgrnd unless its used for under 20 seconds!<-- Is this not correct?
As far as I know, isn't it true that there's a "Fair Use" clause in Copyright Laws?One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright act (
title 17, U.S. Code). One of the more important limitations is the doctrine of “fair use.” Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years. This doctrine has been codified in
section 107 of the copyright law.
http://www.copyright.gov/fls/fl102.html
http://fairuse.stanford.edu/Copyrigh..._Use_Overview/
From what it says, it is ok to reproduce even if you haven't asked for permissions, but you have to use them in a fair way!
There are 5 factors you may ocnisder when determining whether the copyright materials are used fairly:
1. The Transformative Factor: The Purpose and Character of Your Use
In a 1994 case, the Supreme Court emphasized this first factor as being a primary indicator of fair use. At issue is whether the material has been used to help create something new, or merely copied verbatim into another work. When taking portions of copyrighted work, ask yourself the following questions:
- Has the material you have taken from the original work been transformed by adding new expression or meaning?
- Was value added to the original by creating new information, new aesthetics, new insights and understandings? In a parody, for example, the parodist transforms the original by holding it up to ridicule. Purposes such as scholarship, research or education may also qualify as transformative uses because the work is the subject of review or commentary.
EXAMPLE: Roger borrows several quotes from the speech given by the CEO of a logging company. Roger prints these quotes under photos of old-growth redwoods in his environmental newsletter. By juxtaposing the quotes with the photos of endangered trees, Roger has transformed the remarks from their original purpose and used them to create a new insight. The copying would probably be permitted as a fair use.
2. The Nature of the Copyrighted Work
Because the dissemination of facts or information benefits the public, you have more leeway to copy from factual works such as biographies than you do from fictional works such as plays or novels.
In addition, you will have a stronger case of fair use if the material copied is from a published work than an unpublished work. The scope of fair use is narrower for unpublished works because an author has the right to control the first public appearance of his expression.
3. The Amount and Substantiality of the Portion Taken
The less you take, the more likely that your copying will be excused as a fair use. However, even if you take a small portion of a work, your copying will not be a fair use if the portion taken is the "heart" of the work. In other words, you are more likely to run into problems if you take the most memorable aspect of a work. For example, it would not probably not be a fair use to copy the opening guitar riff and the words "I can't get no satisfaction" from the song, "Satisfaction."
This rule--less is more--is not necessarily true in parody cases. In a parody, the parodist is borrowing in order to comment upon the original work. A parodist is permitted to borrow quite a bit, even the heart of the original work, in order to conjure up the original work. That's because, as the Supreme Court has acknowledged, "the heart is also what most readily conjures up the [original] for parody, and it is the heart at which parody takes aim. "
4. The Effect of the Use Upon the Potential Market
Another important fair use factor is whether your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work. As we indicated previously, depriving a copyright owner of income is very likely to trigger a lawsuit. This is true even if you are not competing directly with the original work.
For example, in one case an artist used a copyrighted photograph without permission as the basis for wood sculptures, copying all of the elements of the photo. The artist earned several hundred thousand dollars selling the sculptures. When the photographer sued, the artist claimed his sculptures were a fair use because the photographer would never have considered making sculptures. The court disagreed, stating that it did not matter whether the photographer had considered making sculptures; what mattered was that a potential market for sculptures of the photograph existed.
5. Are You Good or Bad?
When you review fair use cases, you may find that they sometimes seem to contradict one another or conflict with the rules expressed in this chapter. Fair use involves subjective judgments and are often affected by factors such as a judge or jury 's personal sense of right or wrong. Despite the fact that the Supreme Court has indicated that offensiveness is not a fair use factor, you should be aware that a morally offended judge or jury may rationalize its decision against fair use.
For example, in one case a manufacturer of novelty cards parodied the successful children's dolls, the Cabbage Patch Kids. The parody card series was entitled the Garbage Pail Kids and used gruesome and grotesque names and characters to poke fun at the wholesome Cabbage Patch image. Some copyright experts were surprised when a federal court considered the parody an infringement, not a fair use.
Conclusion
According from what it says, I think copyright owners can hardly sue you. You just use their music as a background music to treat visitors, and your website is not going to be profit-making (personal use), right? There isn't any noticeable impact on their rights, incomes or business. Rather you are promoting their music (helping them). :P
Nevertheless, if in doubt, it is always the safest course to ask for permission from the copyright owner before using copyrighted material.
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