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Old 10-24-2007, 09:18 AM   #38
Steven Lyle Jordan
Grand Sorcerer
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Quote:
Originally Posted by HarryT View Post
Is one allowed to use whatever music one wishes on a web site? Is it not necessary to obtain the permission of the copyright holder? Or is this particular music out of copyright?
Well, to answer the question: Strictly speaking, no. I shouldn't be using their music on my site without direct permission, even though I do give credit to the music (on my Reference page), and state that "All rights are reserved." And if Twentieth Century Fox called me up and asked me to remove it, I would do so in a heartbeat.

If Fox decided to play hardball, they could threaten to take me to court, with the accusation that using their music served to increase my profits (or cut into theirs), and therefore they deserved a cut of those profits. Of course, this is tough to prove, and for the record, the resultant check from me would not pay for a bus trip back to New York. So a court would most likely just tell me to remove the music, and maybe pay a fine. The worst risk I take is paying court fees.

If the music were available as a buyable single, things might be different (as the recent RIAA v. Thomas case demonstrated), but in this case, Fox couldn't even demonstrate that the selection had made them much money, so I doubt it would be an issue.

Bottom line: I shouldn't be doing it, and if there was real money at stake, I wouldn't do it. If I even start making real money, it's coming down (along with a few other things in my site which shall remain nameless).

<Handing back my wings>
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