Can I Set Up a Website for Music I Download on the Internet?

Full question:

I want to download, record or otherwise procure from the internet the following: available-without-fee, free-of-charge, live musical performances (from sources such as NPR-affiliate radio stations), edit those recordings, removing unwanted chit-chat, tuning, interviews, etc., and then offer those edited versions for free download, or for an 'editor's fee', on the internet, so that people may enjoy just the music without having to listen to the originally-included non-music portions of the program. Alternatively, I might establish a subscription-fee-based website where people can download, without any further specific fee beyond the monthly or annual membership access fee, any or all of those edited performances. I would always include information to direct the member back to the original source of the recordings (similar to the use of thumbnail images as ruled on in Kelly v. Arriba Soft Corporation), thereby enhancing public access to and use of those sites and other services or products that they may offer. I feel I am creating a trans formative work by offering a version which allows the public greater enjoyment and use of a copyrighted work. Again, the source material is already available for no charge whatsoever to anyone with internet access. Can I do any or all of these things without committing copyright infringement and, if not, what, in your opinion (acknowledging that you cannot recommend any illegal action), are the chances that any copyright holders would bother pursuing such an infraction against something they give away for free? Thank you.

• Category: Copyrights
• Date: 04/07/2025
• State: California

Answer:

The music itself would be generally copyrighted by the musician, apart from the radio station that airs it. The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

The Recording Industry Association of America has pursued litigation vigorously to stop file sharing efforts. The labels’ lobbying and litigation arm has sued thousands of individuals and music-trading sites — lawsuits that have not dented the illegal, pirated-music marketplace.

A licensing agreement is a legal contract between two parties, known as the licensor and the licensee. In a typical licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor. In exchange, the licensee usually submits to a series of conditions regarding the use of the licensor's property and agrees to make payments known as royalties.

Licensing of online music file-sharing is an evolving area of law. Peer-to-peer file sharing developers' liability for copyright infringement is based on various factors, such as the control over the user's activities and benefits/money received. The legal strategies for avoiding liability will depend on the facts involved in each case. I am prohibited from giving legal advice, this service provides information of a general legal nature. I suggest you read the information at the links below and consult a local attorney who can review all the facts and documents involved.

Read More:

http://www.eff.org/wp/riaa-v-people-years-later

http://www.eff.org/pages/making-p2p-pay-artists

http://www.eff.org/pages/iaal-what-peer-peer-developers-need-know-about-copyright-law

http://www.eff.org/issues/file-sharing

http://news.cnet.com/8301-1023_3-10268199-93.html

http://cc.bingj.com/cache.aspx?q=download+court+%22file+sharing%22+music+riaa&d=4984545834763728&mkt=en-US&setlang=en-US&w=b75b59c2,9206d355#ixzz0fbuUxloY

http://depts.alverno.edu/library/powerpoint/P2P.ppt