So you've got your first website built, you've bought a domain and hosting and you're ready to get noticed on the WWW. You think your website lacks something, personality, flair, something lively. Music...yeah, that's the ticket. So you decide to go on the hunt for your favorite song and you find a service that offers mp3's that cost way too much. Then you stumble (which isn't that difficult) on a ton of websites that offer something called midis. You click, you find your favorte and hundreds more!
That's it, the decision is made, you download the midi and find the right code to put it right smack-dab on your homepage. Now we're talking! Every time someone visits your site now, they'll be able to dance in their seats! Then you get an email, someone telling you that they own the rights to the song and you should "cease & desist" from using it or they'll shut your entire site down. WOW! What happened?! What did you do wrong? Well...midis are a form of tangible content that is copyright protected.
As the Internet grows, the how's and why's seem to lag far behind. With technology moving faster than lightning, the knowledge of the average surfer to use these technologies, (which are supposed to maje life easier) fall well below the mark. No, not everyone is a programmer! Not everyone is 100% net savvy. So how were you supposed to know that midis were protected by law? Education! Articles like this one, non-misleading disclaimers on websites that have midis and the time to look before you leap.
The laws that surround the protection of Intellectual Property may not be as "un"-flexible as one might think. Midis and the like can be utilized using the proper channels and a little patience, some requiring royalties. Most, if not all music is licensed through the RIAA (Recording Industry and Association of America) with individual record labels. Three rights which must be licensed seperately for online performance are 1. The performance right. 2. The performance right in the musical composition. 3. The right to duplicate the musical composition. Each of these rights can be obtained by researching from several agencies and companies.
The ASCAP, BMI and SESAC are entities which can license from several different catagories depending on need for the first two rights. The Harry Fox Agency Inc. which covers the third right, and none the less imporatant, is also an essential step in the process.
With downloadable forms available, all of these websites have clear instructions on the licensing procedure. Read the information provided, it can and will contain terms and conditions of use.
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About the Author
Marc Reposa
WECP ( www.wecp.net )
Eval-Techs ( www.eval-techs.org )