Welcome to elreno.org
Music Copyright Law
Are You Violating Music Copyright Law?
With the popularity of the Internet, many people are violating music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple music copyrights that you must keep in mind – lyrics, composition and the recording of the music by an artist. Using someone’s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the vocal or instrumental recordings of a composition or performance and the copyright of the written lyrics and music. Standard music copyrighting practices usually entail that the writer of the song retains the rights to the right to the music composition which the studio that did the recording of the music holds the rights of the recording. Music copyright law can get very complicated. It can involve negotiations with the writers, producers, agents, heirs and more.
Many artists and studios are upset with the decline in music sales. They are attributing this decline to people who are violating music copyright law by downloading music on the Internet. Music files are under the same copyright law as music recordings and the owners of these copyrights are entitled to royalties or compensation for the music that people are illegally downloading on the Internet.
The simple fact is you are stealing if you make copies of copyrighted music recordings without authorization to do so. If people were sued for the music they have downloaded illegally, it could result in thousands of dollars. Music copyright law states that it is illegal to duplicate and distribute creative work. If you send someone an email with a song that you have illegally downloaded on the Internet, you could be in for some serious trouble. To put it bluntly and plainly, if you download (or upload) music that is copyrighted without permission to do so, you are breaking the law.
Many people violate music copyright law and do not even understand how their actions are criminal. If you purchase a music CD you can make a copy of it for yourself on your MP3. However, if you then use that recording and put it on your website or blog and make it available for everyone to download, you are performing an illegal act. Even if you join a site and pay a fee to download music you are in violation of music copyright law.
This may sound like something that would never come back to haunt you. After all, if you were caught, it would be a first time offense, right? Well, you should know that there have been first time offenders who have been fined up to $250,000 and up to five years in jail for violating music copyright law. It is so much easier to go out and pay 20 bucks for a CD.
Whether you are uploading music or downloading music, educate yourself on music copyright law. No one wants to ruin their financial future and face jail time. Enjoy music, just do it the right way!
Copyright Infringement Play It Safe: Making Sure You're Not Committing Copyright Infringement Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else’s work, it’s not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others’ works – as long as we use it under ‘fair use’ laws. So what does fair use have to do with copyright infringement, and how can you utilize it? Fair use laws are the conditions in which you can use a copyrighted work without having to pay someone royalties. This includes when you use a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library. Copyright Infringement in day-to-day life Sometimes, if you’re writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone’s work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask – the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement. What is the public domain, and how does it relate to copyright infringement? Material that is not copyrighted is considered in the public domain – you cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyright-able – such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain. So, how do I ensure I’m not committing copyright infringement? First of all, if you’re going to use someone else’s material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else’s copyright. However, if you can’t find something suitable (and you can’t create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder. When you contact the copyright holder, make sure you tell them what you want to use their piece for – whether it’s for your blog, podcast, or report – and ask them if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you’ll be free and clear to use their work as you want. Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries - if you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit – which can be nasty, costly, and time consuming. If you’re in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you’re following the law – and protect yourself! Following Up on Fallacies about Getting Free Stuff “Free stuff” – the mere whisper of the words is often enough to make many people throw common sense out the window and head for the free goods like a missile to a target. And then there are those people whose eyes glaze over when they hear those words, because they can’t believe anything worth having can actually be free. The truth about free stuff is really somewhere in the middle. Yes, you can really and truly cash in on many freebie deals for things that you want to have, but a healthy sense of cynicism about free gear is also useful. Here are some of the important things to keep in mind about free stuff. The first myth you should throw out the window is that nothing good comes for free. The fact of the matter is that the price tag on a good doesn’t always match up to the quality, and there are many great free things out there. Case in point: music. Sure, everyone has heard the scare stories about file sharing online, and maybe some big record labels will come after you if you focus on their artists. Dig a little below the surface, however, and you can find a whole new world of really great bands that are more than happy for you to listen to their music over and over again. The same goes for free software. People on the cutting edge of technology who have a passion for creating new and efficient applications often develop open source code software. They’re doing it for the love of it, and they often have more talent than any ten suit-and-tie tech guys trying to hock their latest product for a mega profit margin. Here is where the reality part comes in, however. Yes, you can find wonderful things that are completely free – but yes, you can also find a lot of free things that aren’t worth your time at all and in some cases can cause you a lot of trouble. The net is a great place to fall victim to a “free stuff” scam, but you can also sometimes come across these scams in the mail as well. If something is free, but requires you to give your credit card number or bank details, run the other way. Another myth people have about free stuff, especially free stuff on the internet, is that when you try to cash in, the only free stuff you will be getting is an inbox full of more spam than you can handle. The truth about this is, well, that is can certainly be true. Many companies give away free things in exchange for your email address, so they can try to hit you up to purchase things in the future. What makes this a myth, however, is that it can be avoided. If you don’t want to choke on an inbox of spam, and who could blame you, set up a special (free) email account that you will use exclusively for freebie hunting. You’ll have the best of both worlds. The last myth about free stuff involves the “catch” people are always looking for. Often, for free stuff, the catch is a bit of junk mail or email or the fact that you have to submit to a time consuming survey. Sometimes, the catch is that if you get free stuff through a trial offer, if you don’t cancel it, it keeps coming, and this time you have to pay. The truth about these catches is, however, that the catch is in the eye of the beholder. These things don’t make products any less free; so don’t write off every free offer offhand. You might just find a catch you can live with to get a great free product you really want. |