Liability & Legality

**TWD** · 03-16-2009, 02:46 AM

Suppose for example I have a website dedicated to the Beatles.

I make a living selling Beatles merchandise online.

Now suppose I wanted to put a few Beatles songs on my website as background music (within a Flash swf so they couldn't easily be copied by anyone).

Is that breaching copyright? After all I'm not selling that song. It's just an incidental part of my sites appearance.

Any ideas?

**chrishirst** · 03-16-2009, 05:03 AM

Yes it is.

to play music on your website you should have a broadcasting licence OR permission from the copyright holders.

**shanlee** · 09:56 AM

thanks mode. but I think a wide number of sites are using music and I don't see anyone getting in problem for using any commercial music in that fashion.

**legallink** · 03-18-2010, 07:59 AM

Your question wasn't what is the likelihood of someone finding out if I use their music illegally, your question was/is is it legal....and the answer is you need to license the music for your website (you do not need a broadcasters license).

If you want to take the risk, by all means do so, just don't be surprised if you get a cease and desist letter and maybe more.

**ThailandForum** · 03-18-2010, 08:05 AM

If you rob a bank and don't get caught it doesn't make it any more legal than if you got caught.

**webcreationuk** · 03-18-2010, 08:15 AM

It is not legal, but it is a widely spread method. While thousands of websites apply this online, you can do it too, but, of course, do it on your own risk.

**FunPageExchange** · 05-18-2010, 03:05 PM

If thousands of people jumped off the Sears Tower.... well you get the picture

The bottom line is, copyright infringement is copyright infringement any way you slice it. Many get away with it, but others get taken to court. Might as well play by the rules and reduce your liability!